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Labor fines husband and wife
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Posted on Jun 05 2005
The Department of Labor has fined an employer couple for filing an application to continue hiring a nonresident worker 42 days late.
Employers Joseph and Doreen Tudela were ordered to pay a sanction of $210, or $5 for each day that the application was late.
Labor hearing officer Maya Kara said the Division of Labor should resume processing the application after the fine has been paid.
Records showed that the Tudelas, who operate JD’s Water Delivery Services, employed nonresident Exequel Q. Tayag as a driver on a work permit that expired on Jan. 17, 2005. However, the employers did not file the necessary labor documents to renew Tayag’s employment until Feb. 28, 2005.
The late filing prompted the Division of Labor to deny the application on March 9, 2005. The employers appealed the denial.
At the May 26 hearing, Joseph Tudela admitted responsibility for the untimely filing.
According to Kara’s administrative order, Tudela stated that his wife, who usually handles labor applications for his business, was off-island and that he mistakenly thought that the 30-day grace period was calculated by counting business days rather than calendar days.
Tudela also noted that Tayag had worked for him for five years and that he hoped to retain him.
“I find that the employer’s admitted failure to timely submit the required documents for renewal was negligent and should be sanctioned. I also conclude that the department’s decision to deny this application should be reversed and remanded for appropriate processing provided that the employer pays $210 for his tardiness,” Kara said. (Agnes E. Donato)
