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Restaurant gets $150 fine
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Posted on Oct 20 2004
The Department of Labor fined a restaurant for filing a late and incomplete work permit application.
BFJ Corp., doing business as AJ’s Restaurant, was ordered to pay a $150 fine and warned to be more diligent in the future in completing and filing applications for nonresident workers.
Records showed that BFJ Corp. filed an application on July 8, 2004 to employ Jayathrie B. Capco as an accountant. Capco’s previous alien labor permit expired on May 23, and pursuant to the law, she had only until July 7 to transfer to a new employer.
On the filing day, the Labor Department issued a deficiency notice informing BFJ Corp. that the application was filed one day late and it was missing a health clearance and a job vacancy announcement.
The employer failed to correct the deficiencies over the next month. As a result, the department denied the application on Aug. 5. The appeal followed.
The employer produced the missing documents at the hearing.
“Both documents could have been submitted to the Processing Section before the denial, but the employer failed to do so. The employer had no excuse, except that its representative claimed to be confused about the process,” Labor hearing officer Jerry Cody said in an Oct. 14 order.
“Although the mistakes in this case are minor, they point to a pattern of negligence. The employer sent this worker to be medically examined, but then failed to retrieve and file her health clearance; it submitted a JVA for certification, but then failed to retrieve it from Employment Services after it was certified.”
Nevertheless, Cody reversed the Labor director’s decision to deny the permit application submitted by BFJ Corp. for Capco.
He instructed the Division of Labor to process the application, provided that the employer pays the $150 fine within 10 days.
