Yesterday, Judge Torres dismissed a putative class action of foreign models against Trump Model Management and two of its officers. The models brought claims under the FLSA, the Immigration and Nationality Act (INA), and RICO, alleging that Trump Model Management had recruited them to come to the United States on H-1B visas but then underpaid them through “expenses” deducted from their paychecks.
Judge Torres dismissed the FLSA and immigration claims, noting that plaintiffs had failed to allege facts about their salary and working hours and had not followed the statutory procedure for reporting H-1B application violations. This detailed statutory regime also pre-empted the more general remedies available under RICO. Finally, Judge Torres dismissed additional state law claims for lack of jurisdiction (but with leave to re-plead in state court).