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Workforce plan requirements
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Posted on Aug 08 2008
[B]Q: What is the purpose of the Department of Labor’s workforce plan requirements?[/B]
[B]A:[/B] A workforce plan’s objective is for an increase in the percentage of U.S. citizens and permanent residents in the workforce of the employer. According to the new Alien Labor Rules and Regulations, the plan shall include a timetable for accomplishing the identified replacement of foreign national workers with citizens and permanent residents and shall identify the employee responsible for carrying out the plan.
[B]Q: Who among the employers are required to have a workforce plan?
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A:[/B] The Regulations state that every employer with 10 or more employees, unless exempted, is required to have a workforce plan. Employers with fewer than 10 employees who are found to have violated the workforce participation requirement of a provision in the Public Law 15-108 may be ordered by a Labor administrative hearing officer to adopt a workforce plan. Such employers will be subject to all provisions of law and regulations with respect to a workforce plan from and after the date of the hearing officer’s order.
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[B]Q: What will happen to employers who are required to develop a workforce plan if they fail to file such a plan?A:[/B] The Regulations provide that every employer required to have a workforce plan must have on file with the Labor’s Employment Services director a written, current plan. A workforce plan is current if it has been updated and filed within the past 14 months. Failure to file a required workforce plan is a ground for denial of contract renewal for any alien worker holding a
position that should have been covered by the plan.
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[I]Disclaimer: Readers should conduct their own research and due diligence and obtain professional legal advice. Saipan Tribune will not be liable for any loss or damage caused by a reader’s reliance on information obtained from this section. Submit questions on labor issues to Saipan Tribune via e-mail at editor@saipantribune.com, or by calling 235-6397, 235-2440, or 235-8747 and leaving a message at Ext. 133 or 135. You may also submit questions in person by writing it down and dropping it off at the Saipan Tribune’s office on the second floor of the CIC Centre on Beach Road, Garapan. [/I]
