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Employers on the ‘Barred List’
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Posted on Mar 07 2009
[B]Q: Can an alien worker check with the Department of Labor which employers are on the “Barred List”?
A:[/B] Yes. The Labor’s “Barred List” is available to the public. The Labor Director maintains a “Barred List” containing the names of employers who have been barred from employing alien workers in an administrative order of a hearing officer, or in an order by the Labor Secretary on appeal.
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[B]Q: How can an employer be removed from Labor’s Barred List?A:[/B] The regulations of the new labor reform law state that employers barred permanently must petition the Labor Director to be removed from the “Barred List.” Labor will not approve employment contracts and that no entry permits will be issued to or for an employer on the “Barred List.” Employers barred for a specific period of time shall be removed from the List upon the expiration of the specified time period.
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[B]Q: Does the Labor Director have the authority to suspend action on any application for an approved employment contract while the employer has a pending case before Labor’s Administrative Hearing Office?A:[/B] Yes. The regulations state that the Labor Director should give written notice to the employer of such suspension. An employer, however, can appeal the decision to suspend processing to Labor’s Administrative Hearing Office and request an expedited hearing.
According to the regulations, the Labor Director may reject an application for an off-island hire if the circumstances of the on-island labor pool indicate that there is no substantial justification of need.
The Labor Director may issue temporary holds with respect to all application for off-island hires in the event of business closings or other events that cause a temporary increase in the unemployed on-island labor pool.
[I][I]Disclaimer:[/I] 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 JP Center on Beach Road, Garapan. [/I]
