Labor sanctions Marianas Variety with $250-fine

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Posted on Mar 26 2006
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The Department of Labor has penalized a newspaper company with a monetary fine over the late filing of a transfer employment application on behalf of a guest worker.

In a recent administrative order, Labor hearing officer Maya B. Kara imposed a $250-fine on Younis Art Studio, Inc., which operates the newspaper Marianas Variety.

Kara, however, allowed the processing of the employment application to continue, reversing an earlier adverse decision by the Labor Division. She noted that the employee, Kiriyaporn Thosa, committed no fault in the late filing.

“Although I find that the employee is without fault in this matter, the employer has admitted negligence in causing the application to be filed beyond the statutory deadline. Accordingly, employer should be sanctioned in the amount of $250 and cautioned to observe deadlines more carefully in the future,” Kara said.

Marianas Variety reportedly filed the application with the Labor Division on Aug. 3, 2005, five days late past the expiration date of Thosa’s transfer period pursuant to an earlier administrative order by the department.

Consequently, the division denied the application on Sept. 27, 2005. Both the company and the worker appealed the decision before the Labor Department.

On appeal, the company admitted fault in the late filing, requesting reversal of the application’s denial by saying that the worker, who had been working with the firm for months at that time, had no fault. The company also pointed out that the delay in the application’s filing was merely five days. (John Ravelo)

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