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Ex-IPI guest host to drop her suit
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Posted on Jan 16 2020
Imperial Pacific International (CNMI) LLC and a former VIP services host who sued IPI over alleged non-payment of overtime compensation, among other allegations, have agreed to have the case dismissed.
IPI, though counsel Kelley M. Butcher, and Shirline Loh, through counsel William M. Fitzgerald, asked the U.S. District Court for the NMI Tuesday to dismiss the lawsuit with prejudice. That means Loh can no longer re-file the case.
Each party shall bear their own costs and fees, including attorney’s fees.
Butcher and Fitzgerald told the court last Dec. 12 that both parties in the case have agreed to settle and that they would be asking the court to dismiss it once all documentations are completed.
They did not indicate whether they are going to file in court a copy of their settlement contract.
Loh, a citizen of Singapore, sued IPI for Fair Labor Standards Act violation—unpaid minimum wage and unpaid overtime compensation and conversion.
In her lawsuit, Loh asked the court hold IPI liable to pay her the applicable minimum wage and overtime compensation for all hours worked in excess of 40 hours in each work week.
Loh sought payment for her shares of tips designated for the VIP hosts and allegedly wrongfully converted by IPI for its own use.
She also demanded payment for liquidated and punitive damages, attorneys’ fees, and court costs.
Loh began her employment with IPI on Oct. 15, 2015 and worked for it until August 2016.
In IPI’s answer to Loh’s amended lawsuit, Butcher said the company acted in good faith all times and had reasonable grounds for believing its actions were in compliance with the Fair Labor Standards Act.
Butcher said Loh cannot recover against IPI to the extent that she failed to mitigate her alleged damages.
Butcher said IPI has not engaged in intentional unlawful employment practices with respect to Loh, and that IPI cannot be liable for punitive/liquidated damages.
The lawyer said Loh was compensated for all hours worked in excess of 40 hours in a particular workweek at a rate not less than that set forth by the overtime provisions of the FLSA.
She said Loh failed to exhaust administrative remedies before filing the lawsuit.
