THE CNMI Department of Labor has dismissed his complaint against his former employer over non-payment of overtime pay, but bartender Chu Jee “Eric” Wong said he is hopeful that U.S. Labor will consider his case.
Wong, who worked as bartender for Cheers Karaoke Bar in Garapan, went to U.S. Labor to file the same complaint that CNMI Labor dismissed with prejudice on Nov. 10, 2021.
He filed his complaint with CNMI DOL on Sept. 8, 2021 against Ping Shun Corp. and Plumeria International Corp. whose owner, Shun Lin Zeng, operates Cheers Karaoke Bar.
He accused his former employer of not paying his overtime from June 2019 to December 2020. Variety was unable to get a comment from Wong’s former employer.
In her Nov. 10, 2021 administrative decision, CNMI Labor Administrative Hearing Officer Jacqueline Nicolas said Wong’s allegations “are time-barred,” citing 3 CMC Section 4962 which states, “no labor complaint may be filed more than six months after the date of the last-occurring event that is the subject of the complaint, except in cases where the actionable conduct was not discoverable upon the last-occurring event.” The law further states that “if a complaint is not timely filed, the hearing office shall dismiss the complaint with prejudice.”
Nicolas noted that Wong’s last day of work was on or around December 2020, but he did not file his complaint until Sept. 8, 2021.
The administrative officer likewise cited the CNMI employment preference law which requires employers to give preferential employment opportunities to U.S. citizens, U.S. or CNMI permanent residents.
This preferential law, Nicolas stated, “does not provide any protections or preference to Commonwealth Transitional Only Workers or CW-1.”
“Considering that complainant was CW-1, he does not have standing to initiate a claim for employment preference. Additional allegations cannot cure this deficiency,” the administrative hearing officer stated.
In an interview on Friday, Wong said it “hurts” to learn that CWs are not protected by local labor law.
Wong said his job as bartender required standing during his entire shift, adding that Cheers Karaoke Bar was frequented by many customers at the time, especially when residents started receiving their federal Covid-19 assistance funds.
He said the bar was supposed to close at 1:30 a.m., but he had to work until 6 a.m. because customers known to his employers were allowed to come in and order drinks as long as they wanted.
Wong said his salary was $7.85 an hour, and his shift was supposedly from 3 p.m. to 11 p.m.
Wong said he did not immediately file a complaint because his employer promised that he would get his money “soon.”
Wong said every time he asked his former employer about his OT pay, “they told me next month — every month I asked, they said ‘next month.’ ”
He finally filed his complaint with CNMI DOL in September 2021.
“Now I go to U.S. Labor because first, I was told the statute of limitations is two years, and second, I am hopeful that the federal government will look into my situation. I worked for these extra hours but I have not been paid up to now,” Wong said.
Since last year, he said he has been surviving by borrowing money from his good-hearted friends. “I don’t know how long I could wait but I’m still hopeful,” he added.
Wong first arrived on island as bartender for Imperial Pacific International. In June 2019, he transferred to Shun Lin Zeng’s bar after IPI started failing to pay its employees on time.
Chun Jee Wong holds copies of CNMI Labor’s decision on his complaint during an interview with Variety on Friday.
