Benedict S. Orencia filed the complaint for violation of the Fair Labor Standards Act against Hakshon Kang and his business establishment, Seven Twelve Enterprises Inc.
Orencia, assisted by his lawyer Mark B. Hanson, is asking the court to order the defendants to pay him the applicable minimum wage for all hours he worked during the first 40 hours in each work week, compensation for all the hours he worked in excess of the 40 hours each work week, and for expectation, incidental and consequential damages for the defendant’s breach of the employment contract.
He is also asking the defendants to pay him an equal amount as liquidated damages, reasonable attorney’s fees and costs of this action.
Orencia said he began his employment with the defendants on Jan. 2007 but the employment contract was approved by the director of Labor on Feb. 2007. Orencia said his contract was renewed for another one year term due to expire in 2009.
He said notwithstanding the employment contract, the defendants agreed to pay him $1,000 a month for his services as a tire technician but he said he did other jobs like automotive repair, parts purchasing and sales, and dealing with payables and receivables.
From Feb. 2007 to Jan. 2008, Orencia said he received $1,000 a month from the defendants but on Feb. 2008 he only got $700 for his services.
After that, he said he did not receive any payment from the defendants until he stopped working for them on Aug. 31, 2008.
Orencia said the defendants failed to keep accurate records of the hours he worked, and he performed overtime work without compensation.
According to the employment contract, Orencio said the overtime compensation was to be paid 1.5 times his regular rate to be paid in bi-weekly intervals.
He is filing five causes of action against the defendants —unpaid minimum wage in violation of the Fair Labor Standards Act, unpaid minimum wage in violation of the Minimum Wage and Hour Act, unpaid overtime compensation in violation of both laws, and for breach of contract.
