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Sales person sues ex-employer over wage, OT issues
A sales person has filed a lawsuit in federal court against her former Guam employer for allegedly not paying her the minimum wage and overtime.
Lorna S. Baro, through counsel Michael W. Dotts, is suing Guam businessman George Redoble for violations of the Fair Labor Standards Act, Commonwealth Minimum Wage and Hour Act, and breach of contract.
Baro asked the U.S. District Court for the NMI to hold Redoble liable for damages, restitution, attorney’s fees, and costs.
When sought for comments, Redoble said he will answer the complaint in court.
Dotts stated in the complaint that Redoble is in the business of a roadside vendor selling fish, local fruits and vegetables, and commercial fishing in the CNMI.
From July 4, 2011 until April 5, 2014, Baro worked for Redoble, selling fish.
Dotts said under the contract, Baro should be paid an agreed hourly wage rate of $5.55 per hour, or the minimum wage in effect, whichever was higher.
Baro usually worked from 7am to 12pm, and then from 1pm to 6pm, Monday through Saturday.
Dotts said Redoble paid Baro gross wages in the amount of $400 monthly, regardless of the number of hours worked during any given pay period.
Dotts said Redoble did not maintain time cards or time sheets that recorded the hours of Baro’s work.
During the employment, Baro’s primary duty was selling fish and she did not regularly exercise any managerial authority within the business.
The lawyer said that, while employed by Redoble, Baro regularly worked in excess of 40 hours per week, but was not compensated for overtime.
Dotts said the wages paid by Redoble to Baro were below the minimum wage required by the Fair Labor Standards Act and that defendant’s failure to pay over time also violated the requirements of the Act.
