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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 plaintiffs 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
attorneys 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 attorneys
fees; award of expectation, incidental and consequential damages in an
amount to be proven at trial plus attorneys fees; and an award of
damages representing losses in earnings and other employment benefits
in an amount to be proven at trial plus reasonable attorneys 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 Sorianos 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 attorneys fees in attempting to secure the
benefits owed her under the employment contract..
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