Typhoon Restaurant sued by Immigrant Workers
Recent Cases
A worker claims managers of the Typhoon! restaurant chain abusedimmigrant workers, confiscated their passports, denied them overtimeand medical care, threatened to deport them if they complained, openedtheir mail, stole their tax returns, forced them "to kowtow to theowners and purchase presents for them," and claimed to have "paid offthe Department of Homeland Security to do whatever defendants want."
SarinyaReabroy sued the nine-restaurant chain and its managers, Steve Klineand Bo Kline, in Federal Court. She says that in 2003, Bo Kline inducedher to emigrate from Thailand, where she had a good job. Upon arrivingin Portland, she says, she and her co-workers were subjected tointolerable and illegal conditions.
She claims "Typhoon! ruledthe workplace with iron fists of intimidation, coercion and harassment,targeting their Thai workers" with the abuses mentioned above, andthese abuses:
subjecting them to dangerous working conditions;
"tellingThai workers that defendant Bo Kline was 'Queen of immigration' andthat defendants have paid off the Department of Homeland Security to dowhatever defendants want;"
threatening to sue them and their families if they complained;
forbidding Thai workers to talk with "white people;"
"intentionallydeceiving Thai workers about the overtime investigation conducted bythe United States Department of Labor in 2004-2004 and the subsequentpayment by Typhoon! of $120,000 to settle the matter;"
"threatening to blacklist Thai workers for all employers both within the United States and abroad;"
"forbiddinginjured Thai workers from seeing or treating with health careprofessionals and/or refusing them access to first aid;"
"throwing dishes, utensils and food at them and propositioning them for sex;"
"displaying beheaded and dismembered Buddhas in a manner offensive to Thai workers who were of the Buddhist faith;"
"forcing the Thai workers to kowtow to the owners and purchase presents for them;"
"confiscating Thai workers' tax returns;"
and in other ways.She wants punitive damages and statutory and liquidated damages. She is represented by Beth Creighton
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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019
On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.
For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.
Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.
USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.