Minimum wage exemptions

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Posted on Feb 17 2006
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Q: Who are exempted from the $3.05 minimum wage? How overtime is calculated?

A: The job categories that are exempt from the minimum wage law are farmers, houseworkers, fishermen, and seamen. Unless a worker belongs to one of these exempt categories, he or she must be paid the hourly minimum wage for the first 40 hours worked each week. For each hour worked over 40 hours per week, a worker is entitled to a 1.5 times his or her normal hourly wage rate. Any period of time that a worker is required by his or her employer to be present at any location is considered to be working hours for the purpose of determining wages and overtime.

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Q: If an alien worker has been convicted of assault and driving while under the influence of alcohol, are these ground for his or her deportation from the Commonwealth?

A: Yes. Assault and DUI are misdemeanor offenses. An alien can be deported if he or she is convicted of two misdemeanors. The other grounds for deportation include the following:

a. You entered the CNMI without inspection or at a time and place other than a designated port of entry.

b. You have become a public charge.

c. You have been convicted of a felony.

d. You have been convicted of any crime of moral turpitude.

e. You have been convicted of any firearms control offense.

f. You have encouraged, assisted or aided in any way other aliens to enter the CNMI in violation of law.

g. You have failed to maintain a valid passport.

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Q: Do alien workers have the right to have their work permit renewed automatically?

A: No. The decision to renew a work permit will be made by the employer and becomes effective only after the Labor director or his or her designee approves it.

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. 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 Century Insurance Building on Beach Road, Garapan.

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