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Labor sanctions employer for late filing
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Posted on Jan 18 2006
The Department of Labor has sanctioned a businesswoman due to the late filing of the renewal application for her employee.
Hearing Officer Jerry Cody reversed the decision of the Labor director to deny the application of Chen Yue Ayuyu to employ Zheng Chenglin.
Cody instructed the Division of Labor to process the application, provided that Ayuyu pay the $195 sanction.
Cody warned that any failure of the employer to comply with the order in a timely manner shall result in the immediate denial of the renewal application and additional sanctions to be determined at a future hearing.
Labor records show that Zheng worked as a farmer for Ayuyu under a nonresident work permit that expired on Sept. 22, 2005. Ayuyu filed a renewal application for Zheng on Oct. 31, 2005 or 39 days late. Labor denied the application on the grounds that it was untimely filed. Ayuyu appealed.
At the hearing, the company’s accountant testified that in September 2005, Ayuyu had decided to change Zheng’s job category to that of a commercial cleaner so he could work at her retail store in Koblerville.
Ayuyu’s previous accountant informed Ayuyu that the change of job category would be considered a “transfer” by Labor and therefore, the employer had 45 days following the permit’s expiration to file the application.
Ayuyu’s representative asserted that, had the employer realized that the department considered the job category change to be a “renewal” application rather than a transfer application, the employer would have filed in a timely manner.
Cody said the evidence establishes that the untimely filing was a result of the employer’s mistaken belief that this application was a “transfer” rather than a “renewal” application.
“In other respects, the employer acted in good faith in preparing and submitting the application to change Zheng’s job category from a farmer to a commercial cleaner,” Cody said.
