The Department of Labor Administrative Hearing Office has sanctioned a store owner on Tinian for violating Labor regulations regarding employers\u2019 obligation to file quarterly total workforce listings and failure to post job vacancy announcements on Labor\u2019s website.<\/p>\n
Labor administrative hearing officer Jerry Cody sanctioned Lucky Qiang Corp., owner of Lucky Qiang Market, to pay $1,500 for its conduct.<\/p>\n
Cody, however, ordered that the $750 of the fine shall be suspended for a period of two years, then extinguished, provided that Lucky Qiang Corp. complies with the terms of this order and commits no further violations of CNMI Labor law in that period.<\/p>\n
Cody ordered the employer to pay the $750 within 45 days of this order. <\/p>\n
Lucky Qiang was ordered to post all job vacancies and job renewals in the future on Labor\u2019s website.<\/p>\n
Cody required the employer to interview and consider for hiring any referrals of U.S. citizens or permanent residents when they are qualified and available to work. <\/p>\n
The Department of Labor Enforcement Section determined that Lucky Qiang Corp., owner of Lucky Qiang Market on Tinian, failed to comply with several Labor regulations. <\/p>\n
First, Lucky Qiang failed to produce documents in response to a written document request served by Labor Enforcement Section within the deadline specified in the request.<\/p>\n
Second, Lucky Qiang failed to produce a total workforce listing document required by regulation to be filed each quarter.<\/p>\n
Third, Lucky Qiang failed to post two job vacancy announcements on the Labor website, in violation of CNMI rules and regulations.<\/p>\n
In an order issued last week, hearing officer Cody said as to the charge that Lucky Qiang was late in producing documents in response to Labor enforcement\u2019s request, he finds no violation.<\/p>\n
Cody said the facts establish that Lucky Qiang\u2019s general manager attempted to compile the documents but was hampered by the absence of its accountant.<\/p>\n
Cody said Lucky Qiang remained in contact with Labor enforcement and, as soon as the accountant arrived on Tinian, the employer promptly produced the requested documents.<\/p>\n
The hearing officer said Lucky Qiang\u2019s late production of documents should be excused and no sanctions should be assessed against the employer for this charge.<\/p>\n
On total workforce listing issue, Cody said Lucky Qiang failed to comply with the regulation and should be given a suspended sanction for this conduct.<\/p>\n
On job vacancy announcement issue, Cody said Lucky Qiang violated Labor regulations by failing to post job renewals on Labor\u2019s website for those positions filled by two CW-1 workers.<\/p>\n
Cody said this failure occurred not only with respect to job renewals in 2016, but also the renewals applied for in 2014 and 2015.<\/p>\n
The general manager said he relied on advice from their accountant to use radio advertising rather than post JVAs on Labor\u2019s website. <\/p>\n","protected":false},"excerpt":{"rendered":"
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