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Tuesday, April 22, 2014

Labor sanctions 2 companies
For not meeting 30 percent U.S. workforce requirement

The Department of Labor has sanctioned two companies for failing to operate in good faith with respect to meeting the 30-percent requirement under CNMI law to employ U.S. citizens and permanent residents of workforce.

In separate administrative orders issued Monday, Labor administrative officer Jerry Cody sanctioned KN Corporation, which owns Sherwood, and Juan A. Gacayan, who owns JAG Construction, to each pay a $1,000 fine.

Cody ordered KN Corp. and Gacayan to contact James Ulloa of Labor’s Citizen Job Availability and Job Placement Section within 30 days to devise a workforce plan toward meeting the so-called 30 percent requirement.

The hearing officer also urged employers to consider all referrals received from Labor’s Citizen Job Placement Section and hire these referrals when they are qualified and available to work.

He instructed the two employers to post all job vacancies and job renewals in the future on Labor’s website.

With respect to KN Corp., Cody said the employer failed to contact Labor’s Placement Section for further referrals of job applicants and for the next six months did not make any effort to recruit or hire U.S. citizens or permanent residents.

Furthermore, Cody said, the employer never posted its job listings on Labor’s website.

In Gacayan’s case, the administrative officer said the employer failed to contact Labor’s Citizen Job Placement Section for further referrals of job applicants after a meeting in December 2013

Cody said the employer never posted his available construction and commercial cleaning jobs on Labor’s website in 2013.

Gacayan stated that in his efforts to find U.S. citizens for the positions held by his “CW” workers, he had placed an advertisement on a local radio station for a total of three days in May 2013.

Gacayan testified that his petition to hire five full-time CW workers was approved by U.S. Citizenship and Immigration Services.

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