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Employers reminded of duty over the medical costs of alien workers
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Posted on Oct 28 2004
Employers are fully liable for the medical expenses of their nonresident employees, the Department of Labor reminded employers of alien workers yesterday.
At least two nightclubs have reportedly been making employees pay for their own medical expenses.
In an interview, Labor law enforcement officer Joseph Ada said the law is clear that the employer has full responsibility over medical expenses incurred by their nonresident employees.
This statute, he said is expressly stated in Section 4437(c) of the Nonresident Workers Act which reads: “All nonresident employment contracts under this chapter shall provide that the employer is responsible and liable for the insurance or payment of all medical expenses of the nonresident worker, including costs of referral and evacuation for medical treatment outside the Commonwealth, and costs of the embalming and transportation of the body to the country of origin in the event of death of the nonresident worker.”
“There is no gray area in the law about medical expenses of nonresident workers,” Ada said. “The liability of the employer is 100 percent; any other arrangement is not allowed.”
Ada said at the minimum, employers caught violating this statute are ordered to reimburse the costs of what has been paid by the employees.
Although the hearing officer makes decisions concerning sanctions, the Division of Labor normally seeks that erring employers be barred from hiring alien workers or be ordered to pay between $500 and $1,000 in fines for each violation.
Further, Ada said Labor law on medical expenses is one of the most well known policies. Therefore, violators cannot easily claim that they were not aware of the obligation.
