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Cook sues Pacific Gardenia for alleged unpaid overtime
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Posted on Jan 06 2005
A former cook at the Pacific Gardenia Hotel is suing the company and part-owner Ronald D. Sablan in federal court for alleged nonpayment of overtime.
Juanito M. Dabu, a Filipino worker, asked the U.S. District Court for a jury trial on his wage claims. He accused Sy’s Corp., the company operating the hotel, of violating federal and local labor laws.
In a civil action, Dabu’s lawyer, Danilo T. Aguilar, said the defendants not only breached the employment contract with his client, but also violated the Fair Labor Standards Act, and the CNMI’s Minimum Wage and Hour Act, and Nonresident Workers Act.
Dabu came to Saipan when he was recruited by Sablan to work as a farmer in 1989. He worked for Sablan until 1993 under employment contracts that were duly approved by the Department of Labor.
In 1993, the hotel hired Dabu to work as a cook. Aguilar said Dabu worked for the hotel until October 2004 under DOL-approved contracts.
Aguilar said, however, that the hotel failed to pay Dabu some overtime, although the cook was required to work more than 40 hours every week.
Aguilar also accused the hotel of failing to pay Dabu’s full wages on a biweekly basis and to keep payroll records showing the number of hours Dabu worked each week. He said the amount of unpaid overtime would be proven during trial.
Pacific Gardenia is undergoing receivership proceedings at the CNMI Superior Court in connection with a multi-million-dollar debt with the Commonwealth Development Authority.
