Man sues employers to collect wages

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Posted on Jan 09 2009
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A tire technician who was allegedly asked to perform other jobs but was not given a salary or other compensation since February 2008 has filed a lawsuit in federal court against his employers.

Benedict S. Orencia sued Hakshon Kang and his Seven Twelve Enterprises Inc. for allegedly refusing to pay him the minimum wage and overtime compensation, and for breach of contract.

Orencia, through counsel Mark B. Hanson, asked the U.S. District Court for the NMI to order the defendants to pay him the applicable minimum wage and overtime compensation for all hours he worked during and after the first 40 hours in each workweek.

The plaintiff also demanded for damages plus attorney’s fees and court costs.

Orencia began working for the defendants in January 2007. His contract was renewed for an additional one-year term, due to expire Feb. 20, 2009.

Hanson said that, despite the contract, defendants agreed to pay Orencia $1,000 a month as a tire technician.

The plaintiff, however, actually performed various other services such as automotive repair, parts purchase and sales, and dealing with payables and receivables, Hanson said.

From February 2007 to January 2008, Orencia was paid $1,000 a month and $700 in February 2008. The worker has not received any payment after February 2008, according to the lawyer.

On Aug. 31, 2008, Orencia ceased working for defendants.

Hanson said that from March 2008 through August 2008, defendants failed to pay plaintiff all minimum wages required by the Fair Labor Standards Act and the CNMI’s Minimum Wage and Hour Act.

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