SEVEN contract workers have filed a complaint in federal court against RNV Construction, Best Deal General Merchandise and CorePlus Construction, accusing them of not paying overtime.
The complaint also demands a jury trial and named its RNV Construction’s principal, Ruel R. Villacrusis, as defendant, saying he was the manager and supervisor of the plaintiffs and had authority to hire and fire them.
Prospero A. Armia, Nemencio Q. Deleon, Giovan Malazarte, Ian R. Alcoseba, Ranie E. Celestial, Rudy B. Naraja, and Victor P. Fraginal, through attorney Colin Thompson, sued the defendants for failure to pay overtime in violation of the Fair Labor Standards Act or FLSA.
The lawsuit is asking the District Court for the NMI to issue an order awarding them overtime compensation for all hours worked in excess of 40-hours by the plaintiffs, the amount of which is to be determined at trial.
The lawsuit likewise wants the defendants to pay the plaintiffs an amount in equity for all unpaid services, tasks, and work done.
The lawsuit is asking the court to find the defendants liable to pay the plaintiffs an equal amount of liquidated damages, plus prejudgment interests, and reasonable attorney’s fees and costs.
The plaintiffs said the court should impose appropriate sanctions and penalties against the defendants “to deter future violations regarding willful failure to pay wages to employees.”
Allegations
According to the complaint, from on or about July 31, 2015, Armia was contracted to work for RNV Construction as a maintenance and repair worker.
Armia’s 1-129CW petitioner was CorePlus Construction from October 1, 2022, to October 10, 2023.
On July 31, 2015, De Leon was contracted to work for RNV Construction as a carpenter.
On November 17, 2019, Malazarte was contracted to work for Best Deal General Merchandise as a retail salesperson.
On October 1, 2019, Alcoseba was contracted to work for RNV Construction as a maintenance and repair worker.
On August 23, 2020, Celestial was contracted to work for RNV Construction as a fixtures and equipment repairer.
On October 1, 2019, Naraja was contracted to work for RNV Construction as a maintenance-electrical worker.
On March 8, 2020, Fraginal was contracted to work for RNV Construction as a maintenance and repair worker.
“At all relevant times, plaintiffs, as employees of defendants, were engaged in commerce or in the production of goods for commerce within the meaning of §207(a)(l) of the FLSA,” their lawsuit stated.
“Defendants entered employment contracts with plaintiffs, and under the employment contract plaintiffs were entitled to free suitable housing, overtime compensation in the amount of one and one-half times plaintiffs’ applicable regular pay rate, and compensation in the amount of two times plaintiffs’ applicable regular pay rate for work performed during rest and holiday days,” the lawsuit added.
“Defendants employed and used plaintiffs’ services to perform works in several of defendants’ construction projects.
“At all relevant times, plaintiffs performed their work diligently and in a workmanlike manner for the defendants.
“Plaintiffs were not paid by defendants according to the applicable prevailing wages for their job title or description. Plaintiffs were not paid overtime wages in the amount of one and one-half times their applicable regular pay rate under the applicable prevailing wages for each and all of the hours worked by plaintiffs in excess of forty (40) hours in each work week. Defendants took no affirmative action to ensure compliance with FLSA requirements regarding full payment of plaintiffs’ overtime wages,” the lawsuit stated.
It also alleged that the defendants illegally deducted amounts from plaintiffs’ wages for “coop,” “rental,” and “advances.”
