{"id":182180,"date":"2014-10-17T04:00:46","date_gmt":"2014-10-16T18:00:46","guid":{"rendered":"http:\/\/www.saipantribune.com\/?p=182180"},"modified":"2014-10-17T04:00:46","modified_gmt":"2014-10-16T18:00:46","slug":"penalty-failure-repost-jva-reopening-position","status":"publish","type":"post","link":"https:\/\/www.saipantribune.com\/index.php\/penalty-failure-repost-jva-reopening-position\/","title":{"rendered":"Penalty for failure to repost JVA after reopening position"},"content":{"rendered":"<p>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.<\/p>\n<p>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.<\/p>\n<p>Labor found this to be \u201cmisleading\u201d to anyone viewing the website for job announcements from Sept. 4 to Oct. 4 because after Aug. 16, the JVA was listed as \u201cexpired\u201d on Labor\u2019s website.<\/p>\n<p>None of the three applicants for the job were considered qualified, according to testimony.<\/p>\n<p>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.<\/p>\n<p>Labor alleged that the company failed to post a job announcement for the re-opened job on the department\u2019s 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.<\/p>\n<p>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\u2019s website.<\/p>\n<p>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.<\/p>\n<p>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. <\/p>\n<p>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.<\/p>\n<p>Labor, however, found that the company\u2019s conduct did not justify imposing the maximum fine of $2,000.<\/p>\n<p>The department found that testimony suggests that the company\u2019s 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.<\/p>\n<p>It will be extinguished as long as the company follows the terms set by Labor in their administrative order and commits no further violations.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Interpacific Resorts has been sanctioned $1,000 by the Department of Labor for failing to repost&#8230;<\/p>\n","protected":false},"author":47,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-182180","post","type-post","status-publish","format-standard","hentry","category-local-news"],"_links":{"self":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/182180","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/users\/47"}],"replies":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/comments?post=182180"}],"version-history":[{"count":0,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/182180\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/media?parent=182180"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/categories?post=182180"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/tags?post=182180"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}