Labor orders employer to pay over $18K in wages

The Department of Labor Hearing office recently ordered Saipan Lucky Corp. to pay a former employee over $18,000 in unpaid wages as well as reimbursement for medical treatment.

In an administrative order issued Thursday, hearing officer Herbert D. Soll ordered the employer to pay $14,817.44 to former employee An Aizi for unpaid wages from May 21, 2002 to Feb. 25, 2003.

Soll said that Aizi provided detailed records which showed that she worked a considerable amount of overtime hours; however, the employer failed to follow the provisions of the contract regarding hourly wages and overtime compensation. A pattern then developed in which the respondent would pay Aizi a fixed amount per pay period without regard to the actual work performed.

This resulted in the employer failing to pay the employee $7,408.72 in regular and overtime wages.

Soll also ordered the employer to pay Aizi $1,937.50 for medical treatment since it is responsible for the medical care of the nonresident worker.

The order showed that on Feb. 19, 2003, Aizi paid for a necessary eye examination, costing her about $70. The medical specialist who performed the examination then recommended that Aizi return to China for needed treatment of her condition.

“The respondent, aware of the complainant’s condition, showed no concern and put the employee in the position of making decisions regarding this needed care,” the order read.

Aizi returned to China and received treatment on her own expense in the amount of $1,867.50 for transportation and fees.

The worker returned from China and was then dismissed by the employer.

Soll said the dismissal was not just and the Department of Labor was not notified as required by law.

“The complainant would have been entitled to 10 days notice had there been just cause and no evidence of cause was presented at the hearing,” Soll said.

Soll recognized that Aizi had a reasonable expectation of employment for a year, from May 21, 2002 to May 20, 2003. Five pay periods remained from the time of her dismissal, totaling $1,220 in regular wages.

“The complainant demonstrated a sufficient attempt to mitigate this amount by seeking employment after her wrongful termination,” Soll said.

The employer was also ordered to pay $65 for a health examination that the employee paid for at her own expense but was not reimbursed. By law, the employer is also required to pay for health examinations.

Aizi was allowed 45 days to transfer to a new employer. She would be deported if an application for a labor permit is not filed with Labor within the said time.

Soll also ordered that the employer and its officers be disqualified from employing nonresident workers in the Commonwealth. Relief from this condition would not be considered until the debt to Aizi is satisfied.