Eleven security guards who were awarded a total of $206,362 in unpaid wages, overtime compensation, and liquidated damages, are also demanding $15,450 in attorney\u2019s fees and $400 in non-taxable costs.<\/p>\n
The guards, through counsel Mun Su Park, informed the U.S. District Court for the NMI Friday that the case is now on its second year and required a substantial amount of work, given the sheer number of plaintiffs.<\/p>\n
Park said he has exercised appropriate billing judgment in reducing the hours for which the plaintiffs are seeking reimbursement.<\/p>\n
Park said his $15,450 attorney\u2019s fee represents 77.25 hours billed at a rate of $200 per hour.<\/p>\n
At a bench trial last Aug. 30, U.S. District Court for the NMI Chief Judge Ramona V. Manglona ordered MD. Nurul Bhuiyan, who owns Island Protection Service, to pay the 11 guards $103,181 in unpaid wages and overtime compensation. <\/p>\n
Manglona also ordered Bhuiyan to pay liquidated damages equal to the unpaid wages and $103,181 in overtime compensation.<\/p>\n
The plaintiffs are all Bangladeshis. <\/p>\n
Bhuiyan was ordered to pay Billal Hossen Sarkar $9,814; MD Shahidul Islam $19,496; Hemayet Hossen $16,922; Maksudur Rahman $19,604; MD Rabi Ullah $14,279; Abdullah Al Mahamud $27,323; Abdullah Al Mamun $28,046; Mohammed Masum Billah $18,860; Syful Islam $24,372; Shomon Ullah Monshi $25,881; and MD. Solaiman Munshi $1,753.<\/p>\n
At the Aug. 30 trial, Amir Rasool and Nasir Uddin voluntarily dropped their claims against Bhuiyan following a settlement. Rasool and Uddin were dismissed from the case.<\/p>\n
Janet King is the counsel for Bhuiyan.<\/p>\n
At the parties\u2019 request, Manglona dismissed without prejudice the six claims in the lawsuit. That left only one claim\u2014violation of the Fair Labor Standard Act. The trial started last Aug. 30.<\/p>\n
There were 14 original plaintiffs in this case. The court first dismissed the claims of Khirul Basher following a settlement with Bhuiyan.<\/p>\n
In their lawsuit, the 14 guards alleged that they paid a total of $130,262 in recruitment fees prior to their arrival on Saipan and that they were promised green cards.<\/p>\n
In response to the lawsuit, Bhuiyan asserted that he is not covered by the Fair Labor Standards Act because his company is a small business.<\/p>\n
Bhuiyan said his company that he formed in 2008 does not have gross sales of $500,000 a year.; therefore the District Court does not have jurisdiction over the FLSA claims raised by his former employees.<\/p>\n
King argued that to qualify for coverage under the FLSA, Island Protection Services must have annual gross sales of $500,000 or more.<\/p>\n
In his declaration in court, Bhuiyan said eight of the 14 employees are his relatives and their allegation that he has gross revenues in excess of $500,000 is untrue.<\/p>\n
The plaintiffs sued Bhuiyan for allegedly not paying them the minimum wage and overtime and charging them with immigration filing fees. <\/p>\n
The security guards demanded payment for unpaid wages and overtime compensation in an amount ranging from $3,355 to $21,593, for a total of $214,505.<\/p>\n","protected":false},"excerpt":{"rendered":"
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