Vol. 35 No.26
       ©2007 Marianas Variety
Friday, April 20, 2007 www.mvariety.com
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Worker sues massage parlor over nonpayment of wages, OT

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.
Zhu’s 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 plaintiff’s 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; attorney’s fees and costs; and for other relief.