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Judge wants class suit to move forward
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Posted on Feb 22 2009
Superior Court Associate Judge David Wiseman wants the class action filed by 127 alien workers against the Department of Labor and some of its official to “move forward.”
In an order, Wiseman said that Labor’s concern that the complaint is not proper is not before his court.
The judge ordered that the case move forward on the plaintiffs’ petition for judicial review.
Wiseman set procedural guidelines for the parties to follow. The judge ordered the plaintiffs to secure, among other things, a transcript if they deem one necessary. He directed Labor, through its attorney, to cooperate with plaintiffs in securing the tapes for producing the transcript.
Wiseman gave Labor 15 days to certify the record and serve it on plaintiffs’ counsel, Robert Myers.
Wiseman also ordered plaintiffs to file a statement of disputed and undisputed facts within 15 days.
He directed Labor to file any opposition to any disputed or undisputed facts within 10 days after the plaintiffs file the statements.
Alien workers who sued their former employers for wage and overtime violations and had been awarded damages filed the class action.
Myers asked the court to compel Labor and its officials to enforce the surety’s obligations under the statutory labor bonds.
Labor special counsel Deanne Siemer has denied that the Commonwealth Employment Act of 2007 requires Labor to collect awards made in the administrative orders issued in Labor cases.
Siemer also argued that the Superior Court has no jurisdiction over the class action.
