Berger Montague Files a Class Action Suit Against Interstaff for Forced Labor and Trafficking of Nurses

PHILADELPHIA, PA – Berger Montague, a leading national plaintiffs’ law firm, filed a class action complaint alleging a labor trafficking scheme whereby Interstaff, Inc. forces foreign-born nurses to work by threating substantial financial penalties, challenges to their immigration status Interstaff uses these threats to secure a captive supply of workers whose labor Interstaff sells to healthcare providers at a steep profit.

“No one should be forced to work under these types of threats of harm and retaliation,” said Shareholder Michaela Wallin. “Interstaff promises nurses the American Dream but traps them in underpaid positions through financial penalties that can amount to three times a nurse’s typical annual salary,” said Ms. Wallin.

Interstaff requires nurses to sign contracts that impose crushing monetary penalties that will be enforced if an employee fails to complete at least 6,240 hours of work for Interstaff’s clients. This can amount to at least three years of labor, but almost certainly more. To complete the required hours in three years, a nurse must work forty hours a week with no days off for 156 weeks straight.

The complaint alleges that the effect and intent of the financial penalties is to penalize nurses who seek out other opportunities and keep nurses stuck in jobs where they are paid improperly and below market rate. Interstaff’s financial penalties range from $25,000 to over $150,000. These penalties are unlawful, under both state and federal law, but that doesn’t stop Interstaff from telling nurses that they are liable for these amounts and bringing lawsuits to recover them.

“Interstaff makes good on its threats” said Senior Counsel Mariyam Hussain. In the last two years alone, Interstaff has filed at least ten cases against nurses that seek substantial financial damages—often amounting to well over $100,000. “In the face of Interstaff’s pattern of aggressive litigation, nurses reasonably believe that, if they leave Interstaff’s employment, Interstaff may come after them next,” said Ms. Hussain.

Berger Montague, along with co-counsel, the Law Offices of Magen E. Kellam, P.A. brought this case under the Trafficking Victims Protection Reauthorization Act (“TVPRA”), 18 U.S.C. § 1589, et seq., and the Fair Labor Standards Act of 1983, 29 U.S.C. §§201, et seq. (“FLSA”). Interstaff was founded in 1998 and has hired nurses from over fifty (50) countries to staff hospitals and healthcare facilities across the United States. Read more about the lawsuit here.

For over 50 years, Berger Montague has pursued justice on behalf of our clients and our classes. Our Trafficking and Forced Labor attorneys consistently take on the world’s most powerful global corporations. Our team of compassionate and skilled attorneys is committed to fiercely advocating for trafficking victims and those who have experienced all types of forced labor. Learn more about our practice at www.bergermontague.com/trafficking.

Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions, and mass torts in federal and state courts throughout the United States. With more than $2.4 billion in 2025 post-trial judgments alone, the Firm is a leader in the fields of complex litigation, antitrust, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among many other practice areas. For over 55 years, Berger Montague has played leading roles in precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago; Malvern, PA; Minneapolis; San Diego; San Francisco; Toronto, Canada; Washington, D.C., and Wilmington, DE.