219 F. Supp. 3d 517
D. Maryland2016Background
- Lipenga, a Malawian citizen, worked for Kambalame (a Malawian diplomat) from 2002; Kambalame brought her to the U.S. in 2004 after Lipenga signed an English employment contract promising $980/month, 35 hours/week, benefits, and retention of her passport.
- Upon arrival Kambalame allegedly confiscated Lipenga’s passport, threatened deportation, lied to obtain the visa, and restricted Lipenga’s movement and communications.
- Lipenga worked roughly 108.5 hours/week, was paid between $0 and $180/month, and suffered physical and psychiatric illness (later diagnosed with TB, HIV, depression) before escaping in January 2007.
- DHS later granted Lipenga a T visa, finding she was a victim of severe trafficking; she became a U.S. permanent resident in 2011.
- Lipenga sued in 2014; Kambalame failed to defend, the clerk entered default, and Lipenga moved for default judgment. The Court took all well-pled allegations as true and evaluated liability and damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| TVPRA liability (18 U.S.C. §§1589,1590) | Kambalame obtained labor by abuse/threats of legal process (passport confiscation, deportation threats) and fraudulently recruited Lipenga to the U.S. | (No responsive pleadings; default) | Liability found under §§1589 and 1590; facts sufficient to show trafficking and recruitment fraud. |
| FLSA minimum-wage (29 U.S.C. §206) | Lipenga worked >100 hrs/week, was paid far below minimum; contract showed agreed pay; conduct was willful. | (Default) | FLSA claim stated; employer/employee relationship found and willful minimum-wage violations established. |
| Maryland Wage & Hour Law (minimum wage & overtime) | State law entitles live-in domestic worker to state minimum and overtime; seeks additional state wage differential and unpaid overtime. | (Default) | MWHL claims sustained; awarded unpaid state wages and overtime. |
| False imprisonment / IIED / Contract / Fraud | Lipenga alleged confinement, extreme abuse causing severe emotional distress, intentional misrepresentation, and breach of written employment contract. | (Default) | False imprisonment claim dismissed (no allegation of force/threat of physical force). IIED, intentional misrepresentation (fraud), and breach of contract allowed. |
Key Cases Cited
- Elat v. Ngoubene, 993 F. Supp. 2d 497 (D. Md. 2014) (threats of deportation discussed as abuse of legal process)
- Kiwanuka v. Bakilana, 844 F. Supp. 2d 107 (D.D.C. 2012) (deportation threats as condition of servitude)
- Lagasan v. Al-Ghasel, 92 F. Supp. 3d 445 (E.D. Va. 2015) (TVPRA and §1590 liability for fraudulent visa recruitment)
- McLaughlin v. Murphy, 436 F. Supp. 2d 732 (D. Md. 2005) (proof of hours worked when employer fails to keep records)
- Ditullio v. Boehm, 662 F.3d 1091 (9th Cir. 2011) (punitive damages ordinarily appropriate under TVPRA)