A Department of Labor report to lawmakers a day before Christmas stated that about 50 percent of small businesses in the CNMI have hired at least one U.S. citizen to comply with a requirement that started on Oct. 1.
Deputy Secretary of Labor Cinta M. Kaipat said the department's Division of Employment Services is working with the remaining businesses to ensure they are in compliance with the U.S. citizen hiring requirement as quickly as possible.
These are part of Kaipat's latest interim progress report to the 16th Legislature on the implementation of Public Law 15-108, or the new labor reform law that she authored when she was a member of the House of Representatives.
The report, dated Dec. 24, said the enforcement of the U.S. citizen hiring requirement “has been progressing steadily since the Oct. 1 start date.”
Umbrella permits
Kaipat said the interim report keeps lawmakers posted on the progress that Labor has been making. Among them is the issuance of umbrella permits to some 96 percent of eligible foreign workers.
Labor distributed the umbrella permits in a six-week period, from Oct. 16 to Nov. 27.
“The department's new automation system works very well in printing the necessary permits, and the staff worked very hard at the distribution process. Most employers and foreign workers are currently covered by the Commonwealth-approved contracts and Commonwealth-issued permits, so we expect relatively few federal permits will be issued for the next two years,” said Kaipat.
The umbrella permits expire on Nov. 27, 2011.
Coordination with federal agencies
Kaipat said Labor senior staff met with officials of the U.S. Citizenship and Immigration Services, the U.S. Customs and Border Protection, and the U.S. Immigration and Customs Enforcement on Dec. 2 to discuss coordination efforts.
“The department will shortly designate a senior staffer as the principal point of contact to make lines of communication more efficient. We believe there will be good cooperation among all concerned,” she said.
The Labor official also noted a federal judge's order on Nov. 25 preventing the U.S. Department of Homeland Security from implementing its transitional worker program, to provide for public comment before the rules are issued.
DHS extended the public comment period for 30 days or until Jan. 8, 2010.
On Nov. 17, Labor submitted a 46-page detailed comment on the DHS rule. Among other things, Labor said its 2007 labor system “is fair and effective method for operating a successful guest worker program under the unique conditions in the Commonwealth and should be supported by the transitional federal system.”
Federalization's fault
Kaipat said the backlog of cases in the Superior Court has grown.
“These cases provide a basis for out-of-status persons to remain in the Commonwealth and, apparently, because of the federal takeover of immigration enforcement, there has been an increase in filings,” she told lawmakers.
The federal government took over CNMI immigration on Nov. 28.
She also said that Labor has nearly completed the work on unpaid wages claims that arose in 2008 and prior years. Labor changed its practices because of Superior Court associate judge Perry B. Inos' ruling pertaining to bond issue.
Labor published notices in the newspapers over a six-month period for those with claims to come to the department and register. The department then scheduled hearings with the bonding companies.
“All of the hearings have been completed, and all but few of the opinions have been issued. In cases in which the bonding companies were ordered to pay, many of them have appealed and the cases are now in the Superior Court,” she added.
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