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Worker accuses garment firm of FLSA violation
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Posted on Nov 07 2004
A Vietnamese worker is seeking monetary damages from a garment firm, which she accused of withholding portions of her salary and failing to pay her overtime.
Thi Thuy Van Nguyen filed a civil action with the federal court, accusing Neo Fashion Inc. of violating the Fair Labor Standards Act and CNMI labor laws.
Nguyen was employed by Neo Fashion as sewing machine operator from April 17, 2002 to April 7, 2004, according to her lawyer, Joe Hill.
“[Nguyen] kept a contemporaneous record and log of unpaid work off-the-clock that Neo Fashion required her to work on her calendars,” Hill said in a complaint.
Hill said Neo Fashion violated the FLSA and the CNMI’s Minimum Wage and Hour Act for failing to pay Nguyen overtime for work in excess of 40 hours in a week.
“Neo Fashion unilaterally imposed and utilized a work regimen and system that required and forced [Nguyen] to work extra hours for which Neo Fashion failed and refused to pay [her],” the lawyer said.
Hill said the company forced Nguyen to redo or make correction or make-up work on garments off-the-clock.
He said that, when Nguyen complained about the nonpayment of overtime to her supervisor, Zhu Son Tra, the latter began a pattern of intentional, malicious acts to inflict emotional distress upon the worker.
These acts included Zhu’s threatening of Nguyen that she would not be given overtime work, would be given a poor performance rating, and would lose her job and be repatriated to Vietnam.
“Due to [Nguyen’s] complaint, [Zhu] expressed resentment and ill feelings by using abusive language towards [her] and belittling and embarrassing [her] in the presence of others,” Hill said.
Hill asked the court to compel Neo Fashion to pay Nguyen unpaid compensation and monetary damages, and to asses the company of costs incidental to the lawsuit. (John Ravelo)
