THE Superior Court ordered Osman Gani of Saipan Security Services to pay two security guards the total amount of $47,326.05 in unpaid wage claims.
Associate Judge Kenneth L. Govendo ordered Gani to pay $24,145.05 to S.M. Farhad Mhamud, and $20,181.00 to Md. Imran Hossain in unpaid regular and overtime wages, plus the double liquidated damages authorized by statute.
Represented by attorney Joseph Horey of Banes Horey Berman & Miller LLC, Mhamud and Hossain sued Gani for violations of the Fair Labor Standards Act, the Commonwealth Employment Act, and the Minimum Wage and Hour Act.
The plaintiffs also alleged breach of contract and equitable restitution.
According to court documents, Gani operated a manpower business, supplying workers to clients for security, cleaning, and other services, collecting payment from the clients for the use of the workers, and paying the workers their wages out of the funds received from the clients.
The court found that both plaintiffs did the work assigned them, and that the clients — which included High Roller poker rooms, the Nutritional Assistance Program office, and BankPacific — properly paid for their work, but Gani failed to pass on the wages to the workers in the full lawful amounts.
Gani, represented by attorney Joe McDoulett, claimed that Mhamud had not actually done much of the work he claimed.
However, worksite logbooks confirmed that Mhamud had done so, the judge said, adding that client representatives from High Roller, NAP and BankPacific also corroborated his claim.
Gani also tried to cast doubt on Hossain’s time records. But the court accepted the records and pointed out that Gani himself had kept no records of Hossain’s work hours or pay, although it was Gani’s obligation under the law to do so.
Following a bench trial, Judge Govendo determined that the plaintiffs “simply show[ed] a stronger case.”
The court said it found the plaintiffs’ case more compelling.
“Mr. Gani has employee-witnesses reliant on Mr. Gani and two written pieces of evidence. Plaintiffs’ have more reliable witnesses and substantially more evidence (some of which had previously been relied by Mr. Gani),” the judge stated in his order.
