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    Monday, October 15, 2018-9:59:22P.M.

     

     

     

     

     

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US court to issue order on lawsuit of 4 poker-game-room cashiers

THE federal court will issue an order regarding the lawsuit of four Happy Poker cashiers/attendants who sued their employer, Zeng’s American Corp., and its principal, Jin Dong Zeng, for not paying them U.S. minimum wage or overtime in violation of the Fair Labor Standards Act.

District Court for the NMI Chief Judge Ramona V. Manglona gave notice of her intent to “decide a motion on the briefs.” She  also vacated the hearing set for Thursday, June 28, 2018.

Represented by attorney Mark B. Hanson, plaintiffs Katrina del Gallego Demapan, Maria Gina Tiozon, Mary Jane G. Muhi and Emelinda E. Sanchez filed the lawsuit on April 3, 2018.

 The four cashiers asked the court to issue an order directing Happy Poker to pay them applicable minimum wage for all the hours they worked for the company, and for the overtime hours they worked in excess of 40 hours per week.

They also asked the court to order the defendant to pay them equally divided liquidated damages, attorney’s fees and costs of the lawsuit.

Happy Poker, through attorney Robert O’Connor, has asked the court to dismiss the lawsuit for its failure to state a claim and/or a more definitive statement.

He said two of the four plaintiffs are asserting claims for underpaid wages and overtime outside of the three-year statute of limitation covering such claims.

The other two plaintiffs may have asserted claims outside the three-year statute, O’Connor said, adding that it is unclear because their allegation that they began work on “about April 2015” is vague and non-specific, he added.

Moreover, he said the plaintiffs’ claims that “various amounts” were deducted from their salary “on several occasions” for cash-register shortages and that they were required to make a “large deposit” (at an unspecified time) to cover cash shortages “are fatally nonspecific as to time and amount.”