Labor said A.L.L. Corp. failed to provide proper documents and records, including payroll, job classification, wage rate, gross compensation and deduction, to its worker.
Labor’s administrative order dated March 16 stated that the corporation represented by its local manager Xiao Qin Ma Ho also failed to comply with the minimum wage, as well as the rules on deductions from wages and contract changes.
In his order, Labor Hearing Officer Barry Hirshbein said the employer made “many unapproved changes to an approved employment contract, which is ground for a declaration that the contract is void and for the revocation of an entry permit of a foreign national worker as well as for a debarment of an employer.”
On Feb. 1 and 19, Labor heard the complaint of Xuanbo Lu against the corporation.
Represented by her counsel Colin Thompson, Lu said her employer didn’t give her compensation for regular hours and overtime.
Lu said she paid all the Labor processing fees, bonding, taxes and medical expenses.
But another worker, Su Xu, testified against the complainant saying that Lu didn’t work overtime.
She said Lu worked until 11 p.m. but sometimes stayed later to play on the computer.
Hirshbein said Xu was a credible witness both in her demeanor and her testimony.
Lu testified that the time cards were “bogus” and were kept in order to satisfy Labor.
Lu said she worked 44 hours of overtime per week for the entire time that she was employed by A.L.L. Corp.
But the manager said Lu only worked 40 hours per week and did not work overtime.
Although she spent additional time at the working place it was not work-related, the manager said.
Hirshbein ordered the management to pay Lu $358 representing her underpaid wages and $967.35 in medical expenses.
The corporation was also ordered to pay a $500 fine, but this was suspended except for $100 which must be paid within 30 days upon receipt of the order.
Another sanction of $2,000 was also suspended except for $500 that is payable within 30 days.
Hirshbein said the suspended fines will be imposed if there are other violations to be committed by ALL Corp. within a period of two years.
