Wu Qingsong filed the petition with his counsel, the O’Connor Berman Dotts & Banes law firm, against Dong In Development Corp. and Jin Dong Sik, on the grounds that Labor’s decision was “erroneous, arbitrary, and not in accordance with the law.”
Wu is also asking the court to grant him incidental and consequential damages, unpaid regular and overtime wages, liquidated damages, attorneys fees, costs and transfer, and other relief.
Labor hearing officer Barry Hirshbein issued an administrative order on Oct. 10, 2006 stating that Wu filed a complaint for unpaid wages, overtime and contract damages in June 2004.
Wu arrived in the CNMI in 1997 to work for Pang Jin Sang Sa Corp. until Nov. 20, 2001.
He was hired by the defendant in Dec. 2001 as a driver/mechanic at a rate of $3.50 per hour.
Wu signed the contract although he did not understand it as it was in English.
According to the complaint, the defendant promised Wu that he would process the employment application but it was never submitted to Labor.
Wu claimed that he worked at least 80 hours per week.
He said he never kept his pay records but he was underpaid every month.
He said he was not paid from mid-July 2002 to Sept. 2002 when he stopped working.
Wu said he didn’t go to Labor and seek help because he did not know what to do.
He said he worked odd jobs for the remainder of the year, earning only about $70 a month.
He had no job for the whole year of 2003 until he was arrested by immigration officers in Aug. 2003.
Labor said there was never an approved contract.
Wu said he is entitled to a base monthly wage of $606.67 including pay for overtime work and he is also claiming unpaid wages from Dec. 2002 to Nov. 2003 because he was unable to enter into a subsequent contract.
Labor, however, said Wu made no effort to resolve the problem and can no longer seek equitable relief.
In Oct. 2006, Labor ordered the respondent to pay Wu the amount of $3,600 as unpaid wages and liquidated damages less withholding taxes. The respondent was also permanently barred from employing nonresident workers in the CNMI.
