A CONSTRUCTION worker, Luzho Zhao, has filed a lawsuit against his employer in federal court, alleging that he was not paid overtime.
Zhao, represented by attorneys Robert T. Torres and Bruce Berline, sued Success International Corporation for violations of the Fair Labor Standards Act, and the Commonwealth Minimum Wage and Hour Act.
The lawsuit also named Guojun Miao as defendant.
For relief, the plaintiff is asking the court to order the defendants to pay him overtime compensation for all the hours he worked in excess of 40 hours in each work week.
The plaintiff is also seeking liquidated damages, and reasonable attorneys’ fees and costs.
Background
The plaintiff said he was hired by the defendants in or about June 2020 as a construction worker, who, along with more than two other employees, performed general construction duties.
According to the lawsuit, the defendants did not provide or execute a written employment contract with the plaintiff, but they agreed to pay him $10 per hour for his labor.
The plaintiff said he worked on several projects for the defendants, including the renovation of the second floor of a poker room in Garapan as well other renovation projects on Saipan.
From June 2020 to Aug. 5, 2021, the plaintiff said he worked for the defendants in excess of 8.5 hours per day, seven days per week.
He said the defendants paid him in cash for his construction services.
“At all times while employed by defendants, plaintiff was employed, and actually performing work, in [a] job category that is not exempt from the provisions of the FLSA and/or the [Minimum Wage and Hour Act],” the lawsuit stated.
