A housekeeping inspector at Aston Waikiki Beach Hotel is suing the property’s operator on behalf of a class of workers who claim their federal wage and hour rights have been violated.
Faustino Fabro, who is being represented by the law firm of Bickerton Dang, alleges that the hotel prohibited housekeeping employees from clocking in at the correct times, prevented them from recording all hours worked, and altered employee time records to avoid paying overtime, starting June 13, 2010.
“I was often asked to come in early to cook food for work meetings and fundraisers, but I wasn’t allowed to clock in,” Fabro said. “They even tampered with our time records to change our clock-in times. This is time and money stolen from me, stolen from my family.”
Fabro’s attorney, Bridget Morgan, who is handling the case along with Jim Bickerton, estimates at least 30 current and past workers are included in the class action, which was filed Wednesday morning. Morgan said about eight to 10 of the workers are currently employed by the hotel operator, including Fabro, who was willing to come forward despite his at-will employment status.
While the case is in discovery, Morgan estimates that damages will amount to “thousands and thousands” of dollars.
“We are talking at least an hour a day of unpaid wages or overtime per certain classes of employees over six years,” she said.
Aston-Aqua did not immediately respond to the Honolulu Star-Advertiser’s request for a comment.
Aston Waikiki Beach Hotel employees are not represented by a union.
Morgan said Hawaii embraces a strong public policy in favor of protecting its workers, and that its wage and hour laws are strictly enforced. According to state law, workers who have been shortchanged are entitled to have their unpaid hourly wage or hourly overtime wage doubled.
“In addition, state law also specifies that workers are entitled to interest on their lost wages,” Morgan said.
The law firm also will ask the court to stop Aston from underpaying workers, who are earning between $15 and $2o an hour.
“They are depending on a complete, accurate pay check,” Morgan said. “That’s already a tough wage for the cost of living.”
Morgan said cases like this are unusual in Hawaii, which is a strong union state.
“This stuff happens in union and nonunion hotels, but in union hotels there’s a grievance process that brings employees relief more quickly,” said Paola Rodelas, spokeswoman for Unite Here Local 5. “Union workers also are typically more educated about their rights. In this case, 98 percent of the housekeeping department is from the Philippines. Many don’t know that these policies are illegal.”
Fabro said he’s been at odds with hotel management since February 2015, when he and other employees began fighting for the right to consider organizing with Unite Here Local 5.
“When the management found out, so many of us were harassed and intimidated at work. People are really afraid to lose their jobs. I want this thing to be stopped totally. Enough is enough,” said Fabro who has served as a witness for Unite Here Local 5, which has filed about 22 recent National Labor Relations Board charges against the company.
Morgan said Aston-Aqua’s alleged “systematic and unlawful withholding of wages and overtime pay” could be related to a pattern of other improper conduct by the hotel operator.
“The hotel is now owned by a multinational corporation that appears to have no problem squeezing employees for wages and overtime compensation and is clearly enabling its hotel management to engage in unfair labor practices,” she said.
The Aston Waikiki Beach Hotel is owned by Vacation Holdings Hawaii, a subsidiary of Miami-based Interval Leisure Group.
Late last month Administrative Law Judge Mara-Louise Anzalon ruled that Aqua-Aston Hospitality executives violated four National Labor Relations Act practices. Anzalon found that Aqua-Aston unlawfully disciplined two employees for talking about the union on work time. She noted that company managers intimidated and threatened workers in employee meetings.
Following that hearing, Aqua-Aston was ordered to post notices informing employees that Aqua-Aston violated the National Labor Relations Act and that workers have a right to organize for a fair process to decide whether to unionize, free from intimidation and threats.