Vol. 34 No.236
       ©2007 Marianas Variety
Tuesday, February 13, 2007 www.mvariety.com
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Cashier sues poker establishment

By Cherrie Anne E. Villahermosa
Variety News Staff

A CASHIER at a poker establishment has sued its owners for non-payment of overtime compensation, illegal deductions and breach of contract.
Marivic A. Soriano, through attorney Stephen C. Woodruff, filed a complaint in federal court against Jung A Enterprises and Soi In Corp and its owners, couple Kim Jung Ja and Choi Byoong Seob.
The plaintiff’s causes of action include unpaid overtime compensation, illegal deductions, breach of contract, as well as breach of implied covenant of good faith and fair dealing.
Soriano is asking for an award of unpaid overtime compensation in the amount of $10,157.50 or such other amount as may be proven at trial plus an additional equal amount as liquidated damages, costs and reasonable attorney’s fees.
She is also seeking reimbursement of all illegal deductions made by the defendants from her wages in the amount of $182 or such other amount as is proven at trial, plus liquidated damages, costs and reasonable attorney’s fees; award of expectation, incidental and consequential damages in an amount to be proven at trial plus attorney’s fees; and an award of damages representing losses in earnings and other employment benefits in an amount to be proven at trial plus reasonable attorney’s fees.
The complaint stated that Soriano was hired as a cashier at one of the defendants’ poker arcades of the from May 2005 through May 2006.
Soriano performed her work from 10 a.m. to 10 p.m. from Mondays through Sundays.
According to the complaint, the defendants failed to pay and refused to pay overtime wages required by 207 (a) of the Fair Labor Standards Act and by 9222 of the Commonwealth Minimum Wage and Hour Act as well as by the written employment contract.
During Soriano’s employment, she said the defendants made deductions from her wages for so-called shortages “for which the plaintiff should not rightfully be made responsible.”
The complaint stated that as a proximate result of the defendants’ breach of the implied covenant of good faith and fair dealing, the plaintiff has suffered losses in earnings and other employment benefits to her damage and incurred reasonable attorney’s fees in attempting to secure the benefits owed her under the employment contract.”.