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    Tuesday, March 26, 2019-3:57:15P.M.

     

     

     

     

     

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3 claims of former Imperial Pacific Resort VIP host dismissed

CHIEF Federal  Judge Ramona V. Manglona of the District Court for the NMI granted Imperial Pacific International (CNMI) LLC’s motion to dismiss a former employee’s two claims alleging violations of the Commonwealth Minimum Wage and Hourly Act.

Shirley Loh, a former VIP host, sued IPI in federal court for labor violations. She is represented by attorney William M. Fitzgerald.

Judge Manglona on Thursday also dismissed without prejudice Loh’s fraud allegation.

Loh has until Feb. 28 to file an amended complaint.

Loh worked as IPI’s VIP services host from Oct.  2015 to Aug. 2016.

Her lawsuit alleged that she worked 14 hours a day, seven days a week, but IPI failed to pay her the minimum wage rate and overtime pay in violation of the Fair Labor Standards Act.

Loh also alleged that her share of tips was taken by IPI’s VIP services supervisor.

IPI, through legal counsel Kelley M. Butcher, earlier asked the court to dismiss Loh’s Commonwealth wage and fraud claims.

Butcher said the Commonwealth wage claim is barred by the statute of limitations. She added that the fraud claim fails to allege all of the elements of fraud and fails to allege fraud with particularity.