Labor grants displaced alien workers 45 days to find work
The Department of Labor has granted four alien workers 45 days to seek new employment following the settlement of their labor case in the U.S. District Court.
Allowed to transfer to new employers were Krissana Sanusat, Sumang Setsuwan, Vachinaport Ngamwong, and Ratree Ditwiset.
In an administrative order, Labor hearing officer Jerry Cody instructed each of the four workers to have a new employer file a labor permit application within a 45-day period.
“If any complainant fails to provide proof of the filing of a labor permit application within the 45-day limit, that complainant shall immediately depart from the Commonwealth at the expense of [their former employer],” Cody said. “In that event, if the complainant departs voluntarily from the Commonwealth after the expiration of the transfer period, the Director of Labor shall forward complainant’s name to the Office of the Attorney General for possible deportation proceedings.”
Labor records show that the four workers had filed a complaint against their former employer, JK & S Corporation and its owner Kyungtai Kim.
In the lawsuit, the workers sought various claims for relief, including unpaid wages and liquidated damage, under the U.S. Fair Labor Standards Act, the CNMI Nonresident Workers Act, and the CNMI Minimum Wage and Hour Act.
On March 30, 2005, the parties settled the federal case by means of a settlement agreement. Under the terms of the settlement, the employer agreed to pay a substantial monetary settlement to complainants and agreed not to oppose to the workers’ request for transfer.
On April 4, 2005, the federal court dismissed the case, issuing an order that approved of the terms of the settlement. (Agnes E. Donato)