Poker operator fined $2K for not filing responses to online JVAs

Labor administrative hearing officer Jerry Cody has sanctioned a poker operator to pay a $2,000 fine for violating a regulation that requires an employer to inform Labor of actions taken in response to job vacancy announcements on Labor’s website.

Cody ordered Kosta LLC, owner of Leo Poker, to pay the fine in two monthly installments of $1,000 each on or before June 30 and July 30, 2014.

Cody also required Kosta LLC to post all its future job vacancies and job renewals on the Labor website, www.marianaslabor.net.

He directed the company to consider all responses posted on the website and to file its “declaration” describing any actions taken, for review by the Labor Citizen Job Placement Section.

Cody said the company shall hire U.S. citizen and U.S./CNMI permanent resident applicants when they are qualified and available to work.

Cody warned the company of further monetary sanctions if it fails in the future to comply with the terms of the order.

Labor held a compliance hearing on the case on May 6. Kosta LLC was represented by its assistant general manager, Gil Agulto.

In its determination, Labor’s Enforcement Section charged Kosta LLC with violating Labor regulation that requires an employer to file a “declaration” (online response) on the department’s website within 14 days after publication of a job vacancy.

According to Cody’s order, Kosta LLC posted vacancy notices on Labor’s website in March and April for four poker attendant/cashier positions and one general maintenance position.

Thirteen persons applied for the four positions as poker attendant/cashier, while three persons applied for the general maintenance position.

Kosta LLC never submitted a “declaration” to any of the applicants or Labor.

Agulto explained that he is actually employed by Soi In Corp. as an assistant general manager and that Soi In provides management services to Kosta LLC.

Kosta’s principal, Jong Tack Lee, lives in Korea.

Agulto testified that he makes hiring “recommendations” to Lee, who does the hiring and renewal decisions for Kosta.

Agulto also testified that Soi In Corp. is in the process of purchasing Kosta and that the sale is expected to be finalized in the coming months.

Agulto conceded that he had not filed any online responses to the listed job announcements, explaining that when the online vacancies were posted, Soi In had just moved its offices to Finasisu. Agulto said he and the rest of Soi-In management had been preoccupied with the move.

In the end, Kosta renewed each of the CW workers in the five announced positions.

In his order, Cody said the testimony supports a finding that Kosta did not file online responses within the 14 days required by regulation.

Cody said Kosta failed to make a good faith effort to consider all U.S.-qualified job applicants who responded to the online job announcements.

In the end, Cody said, the company filled all of the five positions by renewing the CW workers who already held those positions.