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Employer fined for late filing
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Posted on Apr 20 2005
A three-month delay in filing an employment application almost cost an employer $500 in penalty.
But the Department of Labor suspended half the fine after employer Herman Cabrera said that he was not aware of regulations concerning the late filing fee and that he was merely trying to provide employment for someone in need while attempting to remain in business himself.
Pursuant to the Alien Labor Rules and Regulations, the Labor Department routinely fines employers $5 for each day of the first month that an application is late. For applications filed more than 30 days late, the amount of penalties is left to the discretion of the Labor hearing officer.
In an administrative order, hearing officer Cinta Kaipat instructed Cabrera to pay $250 within 45 days as a late-filing charge to hire Oscar Claudio Arcilla, a nonresident worker.
The order stemmed from Cabrera and Arcilla’s appeal of a decision by the Division of Labor to deny the employment application, which was filed almost three months after the deadline.
Records show that Arcilla’s latest work permit expired on July 3, 2004. Under the law, he had 45 days to transfer to a new employer. The 45-day transfer period ended on Aug. 17, 2004.
However, Cabrera submitted an application to hire him only on Nov. 12, 2004.
After hearing the explanations of Cabrera and Arcilla, Kaipat agreed that the denial should be reversed. She also told the employer and employee to update and complete the application within 45 days from April 11.
“Failure to comply with the full terms of this administrative order or failure to complete the application within the 45-day time limitation imposed shall cause Mr. Arcilla’s name to be forwarded to the Division of Immigration for repatriation and/or deportation proceedings as necessary,” Kaipat said.
