Thread: Undocumented worker sues waterfront restaurant

Undocumented worker sues waterfront restaurant
By Emily Wilcox
Fri Nov 14, 2008, 03:31 PM EST

PLYMOUTH - An illegal alien who says he was hired to clean a local restaurant and bar is suing, claiming the owners didn’t pay him $165,000 for work he performed over a five-year period.

Amilda Sampayo, a Brazilian national and illegal immigrant living in the Plymouth area, filed the suit against the Cabby Shack in Plymouth Superior Court, according to Attorney Patrick Cook.

“There’s no disagreement on the facts about his immigration status or whether or not he was working there,â€

Another job Americans won't do - clean for five years for free.

[quote]“His salary wasn’t paid correctly,â€

The good news is this, if Cabby Shack has to pay out the 165K plus taxes and fines it may stop some other dirtbag businesses from hiring illegals.

Isn't the Statute of Limitations for unpaid overtime and/or wages in Massachusetts 2 years? Also, shouldn't he have to "prove" it with time sheets signed by the employer acknowledging that he was at work when he claims and with back pay stubs showing what he admits to being paid?

"Sampayo was allegedly being paid $700 per week to clean Cabby Shack after hours seven days a week, but he didn’t always receive his pay and didn’t receive breaks or overtime, according to Cook. "

It was a bar/restaurant and he was cleaning after it was closed. If he was working 7 days a week for $700, $100/day, assuming $10/hr (which is a bit much for a janitor for one restaurant) it was taking him 10 hours to clean the place and he was cleaning it every day? Come on. This place must be spotless. Or he was a very, very slow worker. It's not like he was cleaning the place when it was full of customers, or cleaning and then recleaning as customers made a mess, he was doing it when the place was empty. I assume the kitchen staff did the dishes and didn't just pile all days worth in the sink for him to do.