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Garment firm fined for late JVAs
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Posted on Jul 14 2005
The Department of Labor has fined a garment manufacturer for its late filing of employment application requirements for eight nonresident workers.
Labor hearing officer Maya Kara ordered Joo Ang Apparel Inc. to pay a total of $800 for its failure to timely submit the certified job vacancy announcements for eight of its employees and to cure deficiencies in the applications.
Kara also instructed the Division of Labor to resume processing of the workers’ permits. However, she said the permits should not be issued until the employer presented proof that it had paid the $800 fine.
Records showed that Joo Ang Apparel submitted the eight renewal applications in three batches: one on Dec. 20, 2004; two on Jan. 11, 2005; and five on Jan. 27, 2005.
All of the applications failed to comply with the JVA requirement, prompting Labor to deny them.
Joo Ang Apparel resolved the deficiency last month. Still, there had been a delay from December/January until June in fulfilling the requirement, Kara noted.
At the hearing, the employer explained that the delay occurred because the company was attempting to fulfill its local hire requirements. Kara said the employer, upon referral by the Division of Employment Services, did hire one local worker, but the local worker worked only for one week.
Citing the Alien Labor Rules and Regulations, Kara also noted that a JVA should be put on pending status whenever DES makes a referral or placement of a local worker.
“This however does not excuse the entire period of delay,” Kara said. “Eight positions were being renewed and only two referrals were made. This should not have pended the JVAs for the remaining workers. In any case, the referral was made in February and the JVAs were not cured until June.”
“Employer’s delay in timely curing the deficiencies and submitting the JVAs were negligent and should be sanctioned in the amount of $100 per worker or a total of $800,” she added.
