Long said the lawsuit is also barred by commonwealth law due to the plaintiff’s failure to exhaust administrative remedies.
Dong Song Jie’s claims under the Fair and Labor Standards Act are limited to allegations of overtime pay, Long said.
He added that the acts of his clients “were made and undertaken in good faith.”
Dong Song Jie’s claims are “barred by unclean hands,” Long said, adding the commerce clause does not apply to the commonwealth.
In her complaint, Dong Song Jie sued Huang Shun Corp. and five Does for unpaid overtime compensation and breach of contract.
Dong Song Jie was employed by Huang Shun Corp. beginning in May 2008, working seven days a week, 52 weeks a year for most of her employment.
