By Bryan Manabat
[email protected]
Variety News Staff
A FEDERAL court will allow a former Shirley’s Coffee Shop dishwasher’s lawsuit over unpaid overtime to move forward, ruling her complaint “not frivolous or malicious.”
District Court of the NMI Chief Judge Ramona V. Manglona, in an order issued Monday, said plaintiff Rizalina Bermudes Reyes’ complaint “does not meet the conditions for dismissal” under 28 U.S.C. § 1915(e)(2)(B), nor does it “fail to state a claim on which relief may be granted.” Manglona added that the complaint passes screening and that further proceedings are warranted.
She directed the clerk of court to serve the defendant with a summons, with service to be carried out by the U.S. Marshals Service. The judge also granted Reyes’ request to waive filing fees based on her income.
In a five-page complaint filed last month, Reyes alleges that Dynamic Core Group Inc., which operates Shirley’s Coffee Shop in Garapan and Susupe, violated the Fair Labor Standards Act by failing to pay her for 15 to 30 minutes of work she performed “almost every day” after customers finished late meals.
Reyes worked for the company from July 2022 through December 2024 at a regular rate of $8.03 per hour. Her schedule was initially 40 hours per week, but it was reduced to 32 hours in mid‑2023. According to the complaint, the company paid her strictly for scheduled hours, regardless of the time she actually worked.
When she was scheduled for 40 hours, the extra minutes constituted unpaid overtime. Even after her schedule dropped to 32 hours, the additional time remained uncompensated. Reyes also claims the company maintained a deliberate policy of not paying non-exempt employees for work performed past scheduled shifts.
Dynamic Core Group is accused of willfully violating federal wage laws despite requiring employees to clock in and out and keeping records of hours worked. Reyes is seeking compensatory and liquidated damages.
Bryan Manabat was a liberal arts student of Northern Marianas College where he also studied criminal justice. He is the recipient of the NMI Humanities Award as an Outstanding Teacher (Non-Classroom) in 2013, and has worked for the CNMI Motheread/Fatheread Literacy Program as lead facilitator.
