Penalty for failure to repost JVA after reopening position
Interpacific Resorts has been sanctioned $1,000 by the Department of Labor for failing to repost a job vacancy after reopening a position last month.
The company essentially failed to notify Labor when it re-opened its purchase manager position. It had done so previously when the position was first opened from July to August.
Labor found this to be “misleading” to anyone viewing the website for job announcements from Sept. 4 to Oct. 4 because after Aug. 16, the JVA was listed as “expired” on Labor’s website.
None of the three applicants for the job were considered qualified, according to testimony.
The company re-opened the position on Sept. 4, and announced it open for a month in an advertisement in a local newspaper. However, the ad only appeared for a day in the newspaper.
Labor alleged that the company failed to post a job announcement for the re-opened job on the department’s website. Company representatives testified that this was not done intentionally. They believed the posting requirement was already satisfied when it first posted the job announcement.
However, Labor believed that common sense would dictate that if any employee were to re-open or re-advertise a job, then the employer has a new obligation to re-post the job on the department’s website.
The company also could not give an adequate explanation as to why they would decide to re-open the application period for an entire month and yet only announce it for a day, according to testimony.
Labor stated that a cynic might suspect the company wished only to meet the requirement to advertise the job but did not actually want to receive applications for the position.
Labor noted that the company already employs a foreign worker who has worked in the position for seven years, and has worked for the company for a total of 19.
Labor, however, found that the company’s conduct did not justify imposing the maximum fine of $2,000.
The department found that testimony suggests that the company’s failure was the result of misreading the regulations rather than a willful attempt to circumvent the law. Half of the $1,000 fine has been suspended for a year.
It will be extinguished as long as the company follows the terms set by Labor in their administrative order and commits no further violations.
Be considerate to employers too …… give them the right to hire the better and the best qualified applicant for that position, otherwise the company might not be fruitful and turn back to closing down ……. What will happen then ??????
Not only will a cynic suspect it (that the company only wished to meet the requirements with no intention to actually hire), but the cynic will be correct as well since some employers continue to do this…
Oh come on DOL. The company already posted online and there were NO qualified applicants. If they were to “Re-Advertise” they would receive the same results. Correct? Its their obligation and choice if they want to advertise in the newspaper. A day or two it does not matter! DOL is getting out of hand with their regulations. Too much to abide with! I know your task force’s mission is to localize, heck I’m a local, but face it! Advertising with your website won’t localize the economy. Your refferals aren’t the best. Train before referring and LAY off on the rules. Why don’t you focus more on underground, behind the door business than WHERE A COMPANY ADVERTISES. I’m sure there are bigger issues to “Penalize”!
Buenas,
Instead of finding solutions to our economic predicament, we continue to find ourselves trying to self-destruct and it will be a matter of time before we reach rock bottom. CNMI Department of Labor, we need to nurture the very people who are contributing to our economic growth and penalizing them will only add more problems to our society.
Si Yu’us Ma’ase
GREAT JOB, YOU BREAK THE LAW YOU WILL BE CALLED OUT
AND FINED…..
Great job? Pure idiocy. Who are you anyway? Always pandering to the CNMI jackboots. Whose behind are you required to lick? Federalization expressly preempted ALL CNMI authority relative to regulation of foreign labor. This is exclusively the province of the U.S. Department of Homeland Security. They don’t know what they are doing either, but that is beside the point. And $1,000 for not posting on the CNMI Labor website when U.S. immigration does not require it?! It doesn’t make much difference that half of it is suspended. $500 is still ridiculously high. And Labor is going to hold a club over their head for a year?
FACT 1. CNMI AUTHORITY ARE DOING GREAT JOB.
2. ALL GUESTS NEED TO RESPECT HOUSE RULES
3. U.S. DEPARTMENT OF HOMELAND SECURITY
KNOWS WHAT THEY ARE DOING
4. GOVERNMENTAL OFFICIAL “ALL” NEED BE
RESPECTED BY ALL
Party line, I see. At home in any totalitarian state …. (And, of course, Benigno Fitial was “Our Heavenly Father here on earth.) Sigh.
labor is a joke, someone should challenge this law in court. if i don’t post a job vacancy on their website, how do they know i’m trying to hire an employee? uscis will not release any information on companies that are applying for a cw worker. therefore the fines by labor are discriminatory.
THERE ARE HUNDREDS OF LOCAL QUALIFIED APPLICANTS LIVING IN
CNMI. THE LABOR WEBSITE AND OTHER TRAINING AGENCY HAVE
DONE A EXCELLENT JOB IN HELPING MANY LOCAL GET JOB READY.
HAVE YOU NOTICED MANY LOCAL WORKING…HOW DOES IT MAKE YOU
FEEL. IN A MAN’S HOUSE HE FIRST TAKES CARE OF HIS FAMILY.
SOME COMPANY POST EMAIL FOR CONTACT THAT DON’T WORK,
OR REFUSE TO POST JOBS.
WHEN YOUR YOUNG SON OR DAUGHTER WANT TO WORK
THEY ARE SO EXCITED, FILL OUT THE APPLICATION GOES ON
THE INTERVIEWS, AND THE EMPLOYERS CLOSE HIS EYES TO
THEIR QUALIFICATION, DETERMINATION, AND DESIRE TO WORK .
THE COMPANY TELLS THEM I CAN’T HIRE YOU. I NEED SOMEONE
WHO HAS BEEN SWEEPING FLOORS, CLEANING TABLES, CASHIERS, STOCKING, GREETING GUESS, FOR 3YEARS.
OR I NEED A WORKER WHO SPEAKS CHINESE OR JAPANESE
OR KOREAN. WHILE THE WORKER IN THE POSITION CAN’T
SPEAK THOSE LANGUAGES, THEY ONLY KNOW ESSENTIAL
EXPRESSION WHICH ANYONE CAN LEARN WHILE WORKING
THE JOB.
(WHAT A INSULT) THIS IS A OLD TRICK THAT HAS BEEN IN USE FOR
YEARS TO PUT-PEOPLE DOWN .
CNMI GOVERNMENT UNDERSTAND THIS….SO THEY HAVE LAWS
…YOU DON’T OBEY YOU WILL BE FINED AND CALLED OUT.
AND IF YOU EVER WANT TO SAY SOMETHING BAD ABOUT
ANY GOVERNMENTAL OFFICIAL IN CNMI —FIRST LOOK AT
YOUR MISTAKES . THEN THINK ABOUT REAL CORRUPTION..
BUSH AND CHENEY BOYS.