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星期二, 4月 11, 2023

中國超市違反勞工法罰80萬元 約300勞工可拿回應得工資

中國超市位於南端的分店。(檔案照片)
             (Boston Orange整理編譯) 麻州總檢察官 (AG) 辦公室今 (11) 日宣佈,中國超市 (C-Mart) 已和該辦公室達成和解協議,將支付罰款80萬元,並賠款給約300名受影響員工。

麻州總檢察官辦公室指出,麻州內的大多數員工若一週工作超過40小時,都有權獲得1.5倍薪資。該辦公室公平勞工組 (Fair Labor Division) 2021年調查後發現,大多數在週日工作的中國超市零售員工,都有權得到這更高的薪資,但在波士頓南端 (South End),中國城 (已關閉),以及昆士市 (Quincy)等地擁有店面的這中國超市集團,卻違反了勞工法,包括未如實申報薪資帳冊記錄,未張貼必要的工作場所通知,如有薪病假等海報,以及未洽當支付員工加班或週日工作應給付的1.5倍薪資。中國超市以及其3名公司總裁,方妙坤 (Maio Kun Fang) 、Bao Song QuQuxiang Li,因此在2021年內共收到15張罰單。

麻州總檢察長Andrea Campbell表示,她為該辦公室能確保中國超市員工拿回他們應得的薪資感到驕傲。她的辦公室,尤其是公平勞工組將持續追究違反勞工法,侵犯並盜取勞工薪資的雇主。

華人前進會工人中心協調員余翠鳳表示,該會要為麻州總檢察長Andrea Campbell及其團隊爭取到這重大協議表達敬意,該會也鼓勵需要協助申請賠償,或有任何其他問題的工人們,和該會聯絡,該會希望藉此機會幫助更多工人了解並爭取自己的權益。

麻州總檢察官辦公室將從即日起至七月,經由申請程序,把賠償款分發給受影響的中國超市員工們。凡是於201611月到201911月之間在中國超市工作的員工,都可填具英文或中文表格,向麻州總檢察官辦公室遞交賠償申請。賠償申請必須在76日前提出,才有資格得到經由協議收到的薪資。

這宗協議是經由調查員吳麗麗 (Lili Wu)及助理總檢察官Kate Walkins處理完成的。

              麻州總檢察官辦公室呼籲認為自己權益被侵害的員工,上網申報,www.mass.gov/ago/fld。查詢更多詳情,可電洽麻州總檢察官辦公室公平勞工熱線,617-727-3465,或上網查察有12種語言的資料,Fair Labor Division multilingual resources | Mass.gov

AG CAMPBELL SECURES WAGES FOR WORKERS OF C-MART IN BOSTON, QUINCY IN $800,000 SETTLEMENT

Company Reaches Settlement with AG’s Office to Resolve Overtime and Sunday Premium Pay Violations

 BOSTON — Attorney General Andrea Joy Campbell’s office has secured $800,000 in restitution and penalties from the owners of three C-Mart, supermarket stores, which specialize in Asian cuisine and are located in Boston’s South End and Chinatown neighborhoods and in Quincy, for violations of state labor laws including failure to pay overtime and premium pay to its workers. 

The C-Mart stores, along with their respective corporate presidents, Maio Kun Fang, Bao Song Qu, and Quxiang Lin, were issued 15 citations in 2021. The citations were the result of an investigation in which the AG’s Fair Labor Division concluded that C-Mart stores failed to furnish true and accurate payroll records, failed to post required workplace notices, including earned sick time posters, and did not properly pay workers for overtime hours or for hours worked on Sundays. The AG’s Office reached this settlement with C-Mart for $800,000 following an appeal from the company and its owners over the 2021 citations. 

Most employees in Massachusetts are entitled to time-and-a-half pay when working more than 40 hours a week. During the time period investigated, most retail employees were also entitled to premium pay for time worked on Sundays. 

            “I am proud of the office’s work to ensure that the workers harmed by C-Mart will get back the wages they are rightfully owed,” said AG Campbell. “My office, and particularly our Fair Labor Division, will continue to hold employers accountable for wage theft and violation of our wage and hour laws.” 

“The Chinese Progressive Association applauds Attorney General Campbell and her team for winning this significant settlement and her commitment to end wage theft. We are committed to work with the Office of Attorney General to ensure every worker entitled to back wages will be compensated. We encourage workers to contact the Chinese Progressive Association for help with this claim and any other workplace issues. We also hope to use this opportunity to help more workers learn about their rights and stand up for their rights,” said Fiona Yu, Chinese Progressive Association Worker Center Coordinator. 

The AG’s Office will be distributing money to affected C-Mart employees through a claims process. Between now and July, individuals who worked for C-Mart’s Boston and Quincy stores between November 2016 and November 2019 may submit a form, which is available in both English and Chinese, to the AG’s Office. Workers must submit a completed form by July 6 to be eligible to receive a share of the wages collected through the settlement. 

AG Campbell is committed to vigorously enforcing wage and hour laws, including laws that ensure minimum wage, timely payment of wages, and overtime. The AG’s Office works with community partners, law schools, and private bar attorneys to host free monthly wage theft clinics at Suffolk Law School in Boston. These clinics are part of an effort to address wage theft and worker exploitation among vulnerable populations, including low-wage and immigrant workers. For more information and a schedule of upcoming clinics, please click here. 

            Workers who believe that their rights have been violated in their workplace are encouraged to file a complaint at www.mass.gov/ago/fld. For information about the state’s wage and hour laws, workers may call the AG’s Fair Labor Hotline at (617) 727-3465 or go to the this website for materials in 12 languages, including Spanish, Portuguese, Haitian Creole, and Chinese. 

          This matter was handled by Investigator Lili Wu and Assistant Attorney General Kate Watkins of AG Campbell’s Fair Labor Division.

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