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Worker turns to court for enforcement of labor order
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Posted on Jul 21 2004
A nonresident worker yesterday asked the Superior Court to order her former employers and an insurance company to pay the amount earlier awarded her by the Department of Labor.
Rosario Tala, who used to work as a cook at the Rose Garden Restaurant, said she has not received any proceeds from the almost $13,000 awarded her by the Labor hearing office.
On Jan. 10, 2003, Tala filed a complaint against Acorn Corp. for unpaid wages, making her work outside her job category, and for requiring her to work for the company although she held a work permit with another company, Young Jin Corp.
In a June 22 order, Labor hearing officer Linn H. Asper ordered Acorn and Young Jin to pay Tala $5,673.21 for unpaid wages and an equal amount for liquidated damages. He also ordered Acorn to pay Tala $1,586.75 in attorney fees and costs.
Traders Insurance Underwriters Inc. was also required to pay Tala the wage proceeds from the labor bond that Acorn had posted for the worker.
According to Joe Hill, counsel for Tala, Acorn, Young Jin, and Traders Insurance failed to appeal the administration order to the Labor secretary within the 15-day period for appeals.
In effect, the order has now become “final and unreviewable administratively or judicially,” Hill said.
“Acorn and Young Jin have failed and refused and continue to fail and refuse to pay [Tala] any amount under the administrative order,” Hill said. “Traders Insurance is obligated and liable to plaintiff for payment of unpaid wages and repatriation and otherwise as provided under [her labor bond].”
Labor records showed that Acorn Corp. employed Tala as a cook at the Rose Garden Restaurant from 1998 until her labor permit expired on Aug. 27, 2003. Acorn wanted to renew Tala’s permit last year, but the company failed to file a timely application.
Instead of filing a late renewal application, Acorn devised an elaborate plan under which another company, Young Jin Corp., agreed to hire Tala on a work permit expiration transfer.
Tala then continued to work for Acorn although she was a Young Jin employee on record.
