United States Second Circuit

In an Equadorian citizen's suit against her former employers, claiming, inter alia, involuntary servitude, slavery, forced labor, and trafficking in violation of the Alien Tort Statute (ATS) and the Fair Labor Standards Act (FLSA), judgment of the district court is affirmed in part, as plaintiff has not established jurisdiction under the ATS because the record does not support a finding that the defendants violated a norm of customary international law and her breach of contract claim is barred by Statute of Frauds. However, district court's grant of summary judgment against plaintiff on her FLSA claim is vacated and remanded as there are genuine issues of fact remaining as to whether plaintiff was a domestic service employee under the FLSA.

Appellate Information

• Decided 07/31/2012
• Published 07/31/2012

Judges

• Droney

Court

• United States Second Circuit

Counsel