Where citations were issued by the Fair Labor Division of the Attorney General’s Office to a nail salon in Salem, the citations should be affirmed because the employer did not provide accurate records upon request, had no sick time policy during the period in question, and failed to pay minimum and overtime wages.
“The Petitioners timely appealed several citations issued by the Office of the Attorney General’s Fair Labor Division (‘FLD’). I held an in-person hearing on October 2, 2024. Huong Phan, an investigator testified for the FLD; the Petitioners called Tymon Nguyen, the company’s owner, Kiomy Pham, an employee, and Christine Barreira, the Petitioners’ accountant. …
“On January 24, 2025 I issued a tentative decision. I remanded the matter for the FLD to recalculate certain penalty and restitution amounts consistent with my findings and their admitted errors. On February 27, 2025, the FLD submitted its response with the new amounts. …
“The Petitioners’ first argument is that placing the burden of proof on an employer violates the employer’s constitutional rights to due process. While I let the Petitioners raise the argument, and make a record to support it, I am not empowered to declare statutes unconstitutional. …
“Here, the Petitioners did not present any evidence that they paid their employees a separate overtime rate in addition to the employees’ commissions. Thus, they owe restitution to any employee who worked more than 40 hours in any given week. …
“As noted,...
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