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By Cherrie
Anne E. Villahermosa
Variety News Staff
A MASSEUSE has sued a massage
parlor and its owners for non-payment of wages and overtime amounting
to $20,000.
Bai Guihua, through attorney Stephen J. Nutting, filed the complaint in
federal court against Gintian Corp. doing business as Light Massage, and
its owners Li Zhong and Mr. Zhu.
Li is the president/vice president and secretary and sole shareholder
of Gintian Corp. while Zhu acts as the general manager and operator of
Light Massage.
Zhus full name is unknown to the plaintiff, the complaint stated.
Bai was recruited by the International Company in Dalian, China in July
2005.
She paid the recruiter 20,000 RMB or $2,500 to find her a job on Saipan
and prepare the necessary paperwork and to cover her airfare to the island.
Bai, who studied physical therapy and Chinese medicine, arrived here on
Aug. 15, 2005 and was met ar the airport by Zhu.
Zhu preseted her with a document which required her to pay $4,000 for
processing papers and for bringing her to Saipan. The amount was to be
deducted from her future wages.
Bai said she was not provided with a copy of the document she signed but
the deductions were immediately taken from her wages.
She said she was never provided a copy of her employment contract.
Bai was hired as an hourly employee and was to be paid the minimum hourly
wage of $3.05 per hour and to work 40 hours a week.
The complaint stated that Bai was never paid an hourly wage but instead
a commission for any massages she performed.
Throughout the entire period of employment up to the present, Bai has
not been paid the wages due under the contract and as required by law;
has not been paid wages and overtime due under the contract and as required
by law.
Throughout the entire period of employment, the defendants made
unlawful deductions from the plaintiffs wages for recruitment fees,
electricity, water and taxes on wages not actually paid.
The defendants, the complaint added, also failed to pay the minimum wage
for actual hours worked for the first 40 hours in each week and failed
to pay overtime for each hour worked in excess of 40 hours.
Bai should have been paid a total of $26,422.64 exclusive of tax and Social
Security payments, the complaint stated.
Throughout the entire period of employment, Bai was only paid a total
of $5,429.60.
Her complaint stated that she is entitled to a judgment for all unpaid
wages and overtime in the amount of $20,993.04.
She is also seeking an award of wages and overtime compensation she would
have earned for the remaining term of her contract but for her constructive
termination in the amount of $4,628.40; liquidated damages; attorneys
fees and costs; and for other relief.
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