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‘Bonds involved in class action amounts to $557,977’
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Posted on Dec 11 2008
The total proceeds of the labor bonds involved in the class action filed by 127 alien workers against the Department of Labor and its top officials amounts to $557,977, according to lawyer Robert Myers.
Myers, counsel for the alien workers, stated in the complaint that of the total amount, $175,246 represents the proceeds of labor bonds per Sako Corp., CWM Corp., and Net Corp.
Myers said the remaining $382,751 represents the proceeds of the labor bonds for all other plaintiffs.
Superior Court Associate Judge David A. Wiseman set a status conference of the lawsuit for Dec. 18, 2008, at 1:30pm.
The class action was filed against Labor, Secretary Gil M. San Nicolas, Deputy Secretary Cinta Kaipat, and Labor Director Barry Hirshbein.
The class action also named as co-defendants 20 unnamed surety or bonding or insurance companies that issued surety labor bonds to the employers of the complainants.
On behalf of the workers who have unpaid wages and other damages awarded by Labor administrative orders, Myers asked the Superior Court to compel Labor and co-defendants to enforce the surety’s obligations under the statutory labor bonds.
Myers asked the court to immediately order Labor to collect all surety bonds issued by the surety or insurance companies.
Myers said the Secretary and Deputy Secretary have both publicly stated in local newspapers that Labor does not have to enforce the surety’s obligations because the courts are best suited for such purpose.
“These official public statements are absolutely wrong and intentional/reckless misrepresentations in violations of plaintiffs’ rights under Commonwealth statutory law,” Myers asserted.
