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Filing a Labor case
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Posted on Mar 21 2008
[B]Q: How does one file a labor case under the new CNMI labor law?
A:[/B] According to the new Alien Labor Rules and Regulations, any employer or employee may file a complaint with the Department of Labor’s Administrative Hearing Office regarding any violation of the Commonwealth Employment Act of 2007, the Minimum Wage and Hour Act, the Fair Labor Standards Act; any breach of an approved employment contract, an approved health insurance contract, or any other document filed with Labor.
The Regulations state that each individual complainant shall file a separate complaint. Cases may be handled together, but complaints cannot cover the allegations of more than one complainant.
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[B]Q: Can a foreign national who did not enter the CNMI for employment such as a tourist file a complaint before Labor’s Administrative Hearing Office?A:[/B] No. According to the Regulations, persons who did not enter the Commonwealth for employment may pursue their claims in the CNMI courts.
An alien worker may file a complaint if he or she entered the CNMI for employment even if an incomplete application has been filed. The worker may also file a complaint even if his or her employment contract has not been approved, the employer never provided any job, the employment contract has been terminated, the employee has fallen into illegal status, the employee has been working illegally, the employee has violated Commonwealth law, or similar circumstances exist.
The Administrative Hearing Office will adjudicate all complaints of those who entered CNMI for employment regardless of when they entered or their current status in the Commonwealth.
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[B]Q: When does one file a Labor complaint?A:[/B] The Regulations state that a complaint may be filed only after the violation or breach has occurred. Prior to filing an action in any Commonwealth court, a foreign national worker shall file a complaint with the Division of Labor so that remedies available under Commonwealth law may be considered expeditiously and potential violations may be investigated by the Labor director for the potential benefit of other similarly-situated workers.
[I]Disclaimer: Readers should conduct their own research and due diligence and obtain professional legal advice. Saipan Tribune will not be liable for any loss or damage caused by a reader’s reliance on information obtained from this section. Submit questions on labor issues to Saipan Tribune via e-mail at editor@saipantribune.com, or by calling 235-6397, 235-2440, or 235-8747 and leaving a message at Ext. 133 or 135. You may also submit questions in person by writing it down and dropping it off at the Saipan Tribune’s office on the second floor of the CIC Centre on Beach Road, Garapan. [/I]
