Three alien workers who were hired as waitresses under false pretenses were coerced into performing acts of a sexual nature and were restricted to their barracks. One of the employers was also found to have submitted false documents to the CNMI Department of Labor and even to the Philippine government.
As a result, Labor yesterday held the owners of the defunct Benny's Place in Garapan liable to pay a total of $110,000 in wages and damages to the three waitresses and sanctioned one owner to pay $10,000 for numerous violations of law.
Labor administrative hearing officer Barry Hirshbein ordered Bienvenida C. Camacho and her former husband, Felipe SN Camacho, to pay $49,496 to Maritess A. Aurelio, $30,607.40 to Ronna D. Santo Domingo, and $30,357.40 to Rosalima C. Oliva.
The awards were for unpaid wages, restriction/overtime payments, contract damages, liquidated damages, health examination payments, health certificate reimbursement, processing fee reimbursement, airfare reimbursement, and housing reimbursement.
Hirshbein said Mrs. Camacho is solely sanctioned in the sum of $10,000. Her alter ego, Michelle Corp., was also ordered to pay $1,000 in sanction.
Hirshbein permanently barred Mrs. Camacho and Michelle Corp. from employing nonresident workers in the CNMI.
He noted that while the business operation was conducted in Mr. and Mrs. Camacho's name, it was Mrs. Camacho who made all the business decisions.
The three workers were given 45 days to seek new employers. But they were each ordered to pay a $250 sanction for violating Labor laws such as failing to report unapproved changes to their contracts and accepting commissions not provided for in the contract.
“The evidence in this case is overwhelming. Mrs. Camacho flagrantly violated numerous provisions of the Nonresident Worker Act and Alien Labor Rules & Regulations,” Hirshbein said.
He pointed out that Mrs. Camacho's testimony lacked any credibility whatsoever.
“Fraud and deceit permeate every aspect of her business activities,” the hearing officer said.
Hirshbein noted that by her own admission, Mrs. Camacho submitted false documents to the Philippine government and that evidence supports a finding that she also filed false documents to CNMI Labor.
He also noted that there is strong evidence of tax fraud by reporting wages that were not paid; by not reporting commissions as salaries; and by failing to report the employer's share of ladies' drinks as income.
At the hearing, Aurelio, Santo Domingo and Oliva were represented by attorney Mark Hanson. Mrs. Camacho came with counsel Reynaldo Yana, and Mr. Camacho was represented by Stephen Nutting.
On May 23, 2005, the three filed a labor complaint against the Camachos and Michelle Corp.
The workers alleged that respondents failed to pay hourly wages; altered the terms of their employment contract; failed to pay overtime; improperly restricted them to their barracks; and made unlawful deductions from their wages.
The three stated that they were recruited in the Philippines as waitresses but when they arrived on Saipan they learned that their duties would be different.
Aurelio and Oliva testified that Mrs. Camacho instructed them to engage in intimate contact with patrons.
Hirsbein determined that “the weight of the evidence is overwhelmingly in favor of complainants.”
Early this month, Labor administrative hearing officer Herbert D. Soll also found Mrs. Camacho and Michelle Corp. liable to three employees of their defunct Tagpuan Nightclub in Garapan for unpaid wages, “training” wages and wages for reduced hours.
Soll also ordered the respondents Michelle Corp. and Mrs. Camacho to reimburse the workers for house rental, utility payments, processing fees, and medical fees.
The total award was over $6,000 in that case.
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