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Employment application is allowed to go forward
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Posted on May 23 2005
The Department of Labor has allowed an employer to hire a nonresident worker after she agreed to comply with the salary conditions for employment under exemption from the hiring moratorium law.
Labor hearing officer Maya Kara has instructed the Division of Labor to renew processing the application submitted by Estrelita S. Quichocho to continue employing Jenny A. Abejon.
In an administrative order, Kara recalled that Quichocho filed the application on behalf of Abejon on Nov. 10, 2004 for a permit that expired on the same day.
The Labor Division denied the application because it did not comport with the salary provisions for critical service exemption under Public Law 11-6, or the nonresident hiring moratorium law.
Quichocho and Abejon appealed the denial.
At a recent hearing, it was established that Abejon had originally been hired by Quichocho, who operates R & EQ Child Day Care Center as a nurse/caregiver for pre-school children.
Due to the fact that Abejon was a new off-island hire, Quichocho sought and received a governor’s exemption under P.L. 11-6.
The law provides the governor authority to grant exemptions from the moratorium for the delivery of critical services to allow the hire of alien workers such as health professionals, educators, scientists, and the like.
In accordance with the regulations implementing this law, Abejon’s wage for her initial year of employment was $7 per hour.
But when the employer sought to renew the employment contract, the hourly wage was set forth as $3.05 per hour for the same position.
Also at the hearing, Quichocho said she was unaware that the law required renewals at the higher wage rate for all moratorium-exempt hires.
She also expressed willingness to amend the contract to comply with the higher salary requirement.
“In light of the [developments], I find that the decision of the department to deny the permit should be reversed. Especially in a renewal situation, the department will not, without good reason, disturb an existing successful employer-employee relationship. Accordingly, the application should be remanded to the department for further processing,” Kara said.
