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Jury Trial on Sept 15, 2008 in Los Angeles to Affect 100's of Massage...
Jury Trial on Sept 15, 2008 in Los Angeles to Affect 100's of Massage Parlor Workers in So. CA
On September 15, 2008, a jury trial will determine the outcome of 100's of massage parlor workers in Southern Cailfornia.
FOR IMMEDIATE RELEASE
(Free-Press-Release.com) September 10, 2008 --
JURY TRIAL ON SEPTEMBER 15, 2008 TO AFFECT HUNDREDS OF MASSAGE PARLOR WORKERS IN THE SAN GABRIEL VALLEY
On September 15, 2008, the Trial of He v. Wonderful Beauty Spa (BC 373376) and Song v. Wonderful Beauty Spa (BC 373347) will commence before Judge Berle, Dept. 42 at 111 N. Hill, Los Angeles, California.
The outcome of the case will affect 100’s if not 1000’s of massage parlor workers in the inner San Gabriel Valley – an area known for its inexpensive products and services. One of those services is foot massages, which are performed at parlors that have sprung up across the area.
Little is known of the people that work there, apart from their new-immigrant status. They speak little English. The jobs they perform are menial. They massage people’s bare feet with their bare hands for a living. Their status is analogous to the Hispanic field hands along the 101 freeway past Oxnard.
Plaintiff Ladi He is suing Jack Chen, the owner and manager of Wonderful Beauty Spa, for working an egregious number of hours in violations of the Labor Code. She contends that she worked 34 out of 36 days at a minimum 12 hours per day, without meal or rest breaks. She began to hemorrhage, origin unknown, and was not allowed to see a doctor without threat of termination. After four days, she demanded to see a doctor and true to his word, Jack Chen terminated her. Distraught, she stood on the street and bled until a bystander called 9-1-1. She was never paid her wages.
Plaintiff Yuhai Song is suing Jack Chen also for similar meal and rest break Labor Code violations, although his facts vary slightly. Yuhai Song worked for almost 3 months at Wonderful Beauty Spa. He worked 6 days a week. During that time, he developed a fungal infection that spread to both of his hands. Upon returning to Wonderful Beauty Spa he was told to not come back. He requested Workers’ Compensation and was denied. He requested his wages and the police were called.
According to Plaintiffs’ attorneys, Paul P. Cheng and Stephen J. Kane, these cases are rampant within the Asian community. Paul P. Cheng, also an immigrant, states that many Chinese people turn a blind eye to this “dirty little secret” because low prices are cherished throughout the community. For $15/Hour or less, a person is able to receive foot massages, where other places charge $40 or more.
Stephen J. Kane believes that having a business in America means that one should follow the law. “As attorneys we must stand up for those that cannot stand up for themselves. We must not turn a blind-eye to these people because to do so harms not just immigrants, but this is counter to American ideals of equality, irrespective of the sociological class.”
Many massage parlor owners and other Asian immigrant business owners are looking at this case to determine whether these workers can properly be classified as independent contractors, Jack Chen’s main defense.
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