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Employer fined for labor violations
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Posted on Apr 04 2005
The Department of Labor has fined an employer $3,000 for violating three different provisions of the Nonresident Workers Act.
Labor hearing officer Cinta Kaipat ordered employer Margaret Tudela to pay $1,000 for each of the violations, which are engaging in unauthorized employment, failing to produce the required employment records as requested by the Division of Labor, and failing to participate in the investigation of the case.
The administrative order stemmed from a labor case filed against Tudela by her former employee. Nonresident worker Fe D. Aquino claimed that Tudela abandoned her when the employer left the Commonwealth in October 2004.
Records showed that Tudela filed an application to hire Aquino on Nov. 13, 2003.
On April 21, 2004, the department denied the application on the ground that the contract was deficient. The contract set a wage rate for Aquino that is lower than the mandated hourly rate of $3.05 for a live-out houseworker.
However, Aquino admitted to labor investigators that she worked with Tudela from November 2003 to June 2004, even though her contract had not been approved.
While Kaipat did not fault Tudela over Aquino’s abandonment claim, the hearing officer held Tudela for the three violations of the Nonresident Workers Act.
Meanwhile, Kaipat said that despite working illegally, the nonresident was not equally at fault in the matter.
“She testified at the hearing that she provided her prospective employer with all requested documents and that she believed her employer when Tudela told her that she could work before her permit was issued. Ms. Aquino appeared forthright and was a credible witness. Hence, her transfer request should be granted,” she said.
Kaipat gave Aquino 45 days to have a new employer file an employment application on her behalf.
