Glossary

Forced Labor

Work obtained through force, threats, serious harm, abuse of legal process, or similar coercion. It is a federal crime, and victims can sue the people and companies that benefited from it.

Forced labor is work or services obtained by coercion rather than free choice. Under 18 U.S.C. 1589, it is a federal crime to obtain labor by force, physical restraint, threats of serious harm, abuse or threatened abuse of the legal process (for example, threatening deportation), or a scheme meant to make a person believe they or someone else would suffer serious harm if they stopped working. Serious harm can be financial or psychological, not just physical.

Forced labor overlaps with human trafficking and debt bondage, and it has been alleged in agriculture, domestic work, construction, hospitality, fishing, and global supply chains for products such as cotton, seafood, and minerals.

Under 18 U.S.C. 1595, a victim of forced labor or trafficking can sue both the perpetrator and anyone who knowingly benefited financially from participating in a venture they knew or should have known was engaged in the violation, and the suit can generally be filed within 10 years. That "beneficiary" provision is why lawsuits have been filed against businesses such as labor recruiters, hotels, and companies at the top of supply chains, though courts have dismissed many supply chain cases for lack of a close enough connection. Damages can include unpaid wages, compensation for emotional harm, punitive damages, and attorney fees.

Separately, federal trade law at 19 U.S.C. 1307 bars imports of goods made with forced labor, and U.S. Customs and Border Protection enforces that ban. If you or someone you know was forced to work, contact local law enforcement or a trafficking hotline first. Our human trafficking lawsuit page explains civil claims, and our sex trafficking entry covers a related crime.

Related on Best Class Actions

Sources.

Statutes, court rules, appellate opinions, and bar publications we relied on. See our editorial standards.

  1. 1.18 U.S.C. 1589 (Cornell LII)
  2. 2.18 U.S.C. 1595 (Cornell LII)
  3. 3.U.S. Customs and Border Protection: Forced Labor