WASHINGTON D.C. — A federal judge for the U.S. District Court for the District of the Northern Marianas Islands recently ordered a Hong Kong-based casino company operating in U.S. territory to pay the Department of Labor $190,000 in restitution for withholding overtime wages from workers. The defendant sought to overturn a Labor Department Administrative Law Judge’s imposition of the fine for “willful and repeated” violations of federal wage and labor laws.
The case began in February 2007 when the assistant district director for the Hawaii District Labor’s Wage and Hour Division assessed the civil penalty against the casino, Tinian Dynasty Hotel & Casino, owned by an overseas investment company. Those wage theft allegations reportedly took place between March and May 2007 and the civil penalty was meant to compensate the workers for unpaid wages.
After appeals and other penalties imposed, the defendant went on the legal offensive by filing suit against the Labor Department arguing the agency violated the company’s rights to due process by imposing the civil penalty. The federal judge made her recent ruling after the Department of Labor filed a motion for summary judgement in their favor, which the judge agreed with.
FLSA Overtime Lawsuits
The case is an unfortunate example of the great lenghts many defendants in unpaid overtime lawsuits will go to avoid taking responsibility for their careless actions. The right to due process is a double-edged sword as both wage theft victims and unscrupulous companies have legal redress with courts to resolve wage theft allegations.
Under the Fair Labor Standards Act (FLSA), workers paid hourly wages must earn at least one and a half times their average hourly wage when they work above the 40-hour overtime threshold. While the FLSA does carve out certain exemptions for overtime wages that allow some professionals to earn a flat salary but the vast majority of workers in the U.S. must be paid time and a half for overtime wages.
Unpaid Overtime Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.