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Worker awarded $10K for unpaid wages
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Posted on Oct 27 2008
The Department of Labor yesterday awarded $10, 273 in unpaid wages and overtime compensation to a long-time employee of a water sports business whose owner moved to Guam.
Labor Administrative Hearing Officer Herbert D. Soll ruled that Frankie R. Tenorio is indebted to the worker, Marciano Manzano, in the amount of $5,136.80 for unpaid regular and overtime wages from Nov. 1, 2006 through June 12, 2007.
Soll also ordered Tenorio to pay the complainant another $5,136.80 in liquidated damages.
He said the award, which is subject to withholding tax, is payable on or before Nov. 15, 2008, at Labor’s Collections Unit.
The hearing officer disqualified Tenorio from employing nonresident workers in the CNMI for a period of two years for serious Labor law violations.
Soll said Manzano is eligible for transfer and should register with the Labor Division of Employment Services within seven days.
Manzano was given 30 days to find a new employer.
According to Labor records, Manzano was a long-time employee of Tenorio in his water sports business. Their relationship became casual as they worked together over a period of years. It became so casual that Tenorio moved to Guam and left Manzano in charge of the business on Saipan.
The business was very slow during a large part of the year and Tenorio paid Manzano with small payments far below the contractual and legally enforceable amount.
By March 2007, Tenorio was indebted to Manzano for thousands of dollars. But the respondent agreed to file a renewal for another year’s employment, with a promise to pay the unpaid wages.
Some attempt to pay was initially made, but payments soon halted and the amount remaining is still substantial.
Labor denied the attempt at filing a new contract from 2007 to 2008. It was not until the end of 2007 that Manzano filed his Labor complaint against Tenorio.
In his order, Soll said Manzano wants anticipated wages for that period, but the worker should have realized that the employment had come to an end and the attempt to renew the contract had failed.
Soll said Manzano will not be awarded compensatory wages from June 13, 2007 to March 1, 2008.
Soll found Manzano credible and accurate in his testimony regarding the unpaid wages.
