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Employer warned of illegal employment
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Posted on Feb 12 2005
An employer who intended to hire a nonresident worker who is currently off island was warned by the Department of Labor after evidence presented at a recent hearing showed a “sponsorship arrangement” as part of the employment scheme.
In an administrative order, Hearing officer Maya B. Kara cautioned employer Eloisa San Nicolas to refrain from future attempts at “sponsorship” arrangements with members of her family or others and directed the Labor Department to carefully review future labor permit applications by San Nicolas to ensure the proposed employment is not a “mere screen for an illegal sponsorship agreement.”
This order stemmed from an appeal after Labor denied the employer’s application for an off-island hire, which was filed on Nov. 19, 2004.
The denial by Labor was issued on Jan. 3, 2005 and was based on Amended Alien Labor Rules and Regulations Section VI (A), which states that security guard, manpower companies, and service providers cannot hire any employees including replacements from outside the Commonwealth.
At a Feb. 1 hearing, it was established that the employer has two businesses—janitorial services and lawn services, both of which are within the service providers category. The two businesses together only employ two workers, both nonresidents.
The hearing also showed a close family relationship among the parties involved, with the supposed employee being the employer’s brother, and the employee being replaced the employer’s uncle.
Based on the evidence presented, Kara ruled the prohibition on the hiring of off-island workers is directly applicable to this case and affirmed the department’s denial.
“I also find that given the close family relationship between the parties and the worker being replaced, as well as the presence of just two workers in the two businesses, there is a strong appearance of a family ‘sponsorship’ arrangement,” Kara said.
“Sponsorship arrangements are illegal attempts to circumvent the immigration laws of the Commonwealth and will not be tolerated,” she added.
