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Dept. of Labor forfeits worker’s wage award
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Posted on Nov 10 2004
The Department of Labor has forfeited the wage awards of an alien worker who worked without a valid permit for three months.
In a Nov. 5 administrative order, Labor hearing officer Linn H. Asper ordered S&Y Corp. to pay worker Shopun Mozunder $228.95 for his unpaid wages. However, Asper said the amount should be paid directly to the department as Mozunder’s penalty for working without authorization.
Asper also ordered a separate $250 fine against S&Y Corp. for its labor law violation.
The Division of Labor filed the compliance agency case against S&Y Corp. and Mozunder after it was found that the worker worked for the company from December 2003 to February 2004 without authorization from the department.
Asper noted that Mozunder had worked for S&Y Corp. under a valid temporary work authorization from 2000-2003. He was eligible to do so again in late 2003 and early 2004. However, no TWA was issued for the work he performed during the said three-month period.
Labor also found that S&Y Corp. failed to compensate Mozunder in the amount of $228.95 for his unauthorized work in 2003 and 2004.
Both the employer and the worker admitted to the allegations.
“Both respondents should be fined for entering into an unauthorized work arrangement. The fines should be reduced, however, in light of the longstanding prior employment relationship between the respondents, and the fact that Mozunder could have been legally employed by S&Y Corp. in late 2003 and early 2004, if S&Y had only obtained a TWA for his employment,” Asper said.
The hearing officer said all the fines should be paid to the department within 30 days after the date of the order.
Asper also confirmed Mozunder’s transfer to the employment of Henry Atalig. (Agnes E. Donato)
