J.C. Tenorio Enterprises Inc. has asked the federal court to dismiss the lawsuit of an IT technician over the prevailing wage determination.
JCT, represented by attorney Robert T. Torres, filed a motion to dismiss the complaint on Jan. 13, 2023.
Torres said the complaint must be denied with prejudice because the court lacks subject matter jurisdiction and because the plaintiff fails to state a claim.
“Nowhere in the Workforce Act nor in Subpart E of 20 C.F.R. § 655.400 does it require a petitioning employer to obtain an updated Prevailing Wage Determination and increase a CW-1 worker’s wage with each fluctuation during a CW-1 worker’s employment period,” Torres said.
JCT’s employment agreements with the plaintiff were clear and the plaintiff agreed to his employment terms, the lawyer added.
“At no point did defendant force plaintiff’s employment outside of what was agreed upon and permissible under law. Defendant renews contracts for CW-1 workers who want to be on Saipan and who want to work for defendant. If at any point plaintiff wanted to resign, he was free to resign and seek employment elsewhere. Defendant paid and currently pays plaintiff the lawful wage to which he is entitled under law,” Torres said.
Saying that he was not paid the “prevailing wage,” Christopher Lilles sued JCT in the District Court for the NMI.
Lilles, who is represented by attorney James Sirok, alleged breach of contract and implied covenant of good faith and fair dealing.
The lawsuit asked the federal court to declare that JCT has failed to comply with the law, provision and certifications, respecting the required minimum wage to pay the plaintiff.
According to the lawsuit, the published “prevailing wage” was the minimum wage that JCT was required to pay the plaintiff, and that every time the “prevailing wage” hourly rate increased in the published “prevailing wage” tables during the period of time between May 9, 2019 and the present, the plaintiff was entitled to have his hourly rate increased to the new “prevailing wage” hourly rate.
Sirok said his client has suffered a legal wrong because of JCT’s failure to pay Lilles the required minimum hourly rate.
“Defendant’s actions and conduct in failing to pay the prevailing hourly wage to plaintiff was and is deliberate and intentional entitling plaintiff to punitive damages,” Sirok added.
The United States Courthouse in Gualo Rai, Saipan.
