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CASE NAME:Nguyen Thi Nga v. Daewoosa Samoa Ltd.
ALL PLAINTIFFS:Nguyen Thi Nga, Jiang Shunzha
ALL DEFENDANTS:Daewoosa Samoa Ltd, Kil Soo Lee, Tourism Company 12, IMS, New Star Trading Company Ltd.
CITATION:
DOCKET NUMBER:
SOURCE:News Article, Trial opinion
TYPE OF CASE:Civil
RELATED CASE CITATION:No. 101-cr-00132-SOM-BMK
TYPE OF TRIAL:Judge
TRIAL JUDGE(S):Lyle L. Richmond, Logoai Siaki
YEAR OF ARREST:
YEAR OF VERDICT:2002
TYPE OF COURT:State
STATE:American Samoa
FEDERAL DISTRICT:
STATE COUNTY:
AGE OF VICTIM(S):
NUMBER OF VICTIMS:200 +
GENDER OF VICTIM(S):Female and Male
VICTIM'S COUNTRY OF ORIGIN:Vietnam and China
METHOD OF ENTRY INTO THE U.S.:
WAS VICTIM CHARGED WITH A CRIME:
NUMBER OF DEFENDANT(S):5
GENDER OF DEFENDANT(S):Female and Male
TYPE OF INDUSTRY:Labor
CASE CATEGORIZATION:Cothing/Garment Industry
FIRST CHARGE:
FIRST CHARGE US/STATE CODE CITATION:
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SECOND CHARGE:
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FOURTH CHARGE:
FOURTH CHARGE US/STATE CODE CITATION:
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FIFTH CHARGE:
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CORE TERMS:
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RESTITUTION REQUIRED:
FINE IMPOSED:
FORFEITURE IMPOSED:
FIRST CLAIM:Violation of Fair Labor Standards Act Minimum Wage Provision
FIRST CLAIM US/STATE CODE CITATION:FLSA sec 206(a)
FIRST CLAIM RESULT:Liable
DAMAGES AWARDED FOR FIRST CLAIM:
SECOND CLAIM:Violation of Fair Labor Standards Act Overtime Provision
SECOND CLAIM US/STATE CODE CITATION:FLSA sec. 207(a)
SECOND CLAIM RESULT:Liable
DAMAGES AWARDED FOR SECOND CLAIM:
THIRD CLAIM:Violation of Fair Labor Standards Act Discrimination Provision
THIRD CLAIM US/STATE CODE CITATION:FLSA sec. 215(a)(3)
THIRD CLAIM RESULT:Liable
DAMAGES AWARDED FOR THIRD CLAIM:
FOURTH CLAIM:Breach of Contract
FOURTH CLAIM US/STATE CODE CITATION:
FOURTH CLAIM RESULT:Liable
DAMAGES AWARDED FOR FOURTH CLAIM:
FIFTH CLAIM:Illegal Witholding of Passport and Alien Registration Receipt Cards
FIFTH CLAIM US/STATE CODE CITATION:
FIFTH CLAIM RESULT:Liable
DAMAGES AWARDED FOR FIFTH CLAIM:$1000/plaintiff
SIXTH CLAIM:Violation of Due Process Rights
SIXTH CLAIM US/STATE CODE CITATION:
SIXTH CLAIM RESULT:Not Liable
DAMAGES AWARDED FOR SIXTH CLAIM:
TOTAL AWARD:$3.5 million
APPEAL:
EXPLANATION OF APPEAL:
APPELLATE OPINION CITATION:
HOLDING OF APPEALS COURT:
APPEAL STILL PENDING?:
SUMMARY:Kil Soo Lee operated a garment factory in American Samoa, at which he enslaved more than 250 workers, mostly young women from Vietnam and China. Workers paid Defendant between $4000 and $8000 for their work contracts. They were locked for 12-18 hour days, 7 days a week, in a secured compound surrounded by barbed wire and guards. Pay, which was intermittently withheld, was $1.22-$2.25 an hour (depending on the news report), from which expenses such as room and board were deducted. The workers' living conditions were provided by Defendants and were squalid. The workers slept in rat- and cockroach-infested dormitories, often two to each 36-inch wide bed. The facilities were dirty. The food provided to the workers was inadequate and prepared in an unsanitary kitchen. Lee enforced discipline with threats of deportation, beatings, starvation, sexual assaults, false arrests, and exploitative debt repayment schemes. Enforcement was carried out by guards at the compound.
Approval Status:Approved
Approver Comments:
            
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