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Guard sues employers over wages, OT
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Posted on Mar 19 2009
A security guard has sued his former employers for allegedly refusing to pay him regular wages and overtime compensation.
Mohammed Yasin sued Peter Go, also known as Peter Coelho; Empress Inc., owner of 9922 Store, Empress Tours, Beijing Restaurant, and NIC Health Store.
Go was the day-to-day manager and the alter ego of Empress Inc., according to the complaint.
Yasin, through lawyer Joe Hill, asked the U.S. District Court for the NMI to order the defendants to pay him his unpaid regular wages and overtime compensation.
He asked the court to rule that the defendants violated the Fair Labor Standards Act, Minimum Wage and Hour Act, and the Nonresident Workers Act by failing to keep and maintain adequate records of hours worked.
Hill stated in the complaint that on Feb. 7, 2007, Go hired Yasin to work as a security guard at the defendants’ then newly opened tourist specialty retail outlet in Garapan known as the 9922 Store.
Hill said the defendants used Yasin to take good and items from inside a container in the morning and then return them into the container at the close of each business day.
Hill said the defendants then required Yasin to work and serve as security guard for the 9922 premises and containers overnight.
“Defendants assigned Yasin to a basic daily work schedule of eight to nine hours daily, seven days a week. Yasin worked the said schedule since the start of his employment until his final day of work on Dec. 31, 2008,” the lawyer said.
The defendants, Hill said, failed to pay the guard his full regular and overtime wages for work actually performed from Feb. 7, 2007, to Dec. 31, 2008, as required by the FLSA and MWHA.
“Defendants failed to keep adequate records of and failed to provide Yasin with a check stub or other proper writing showing all hours worked, amounts paid and deductions each pay period,” he added.
