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Labor awards alien worker $13K
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Posted on Jul 01 2004
By Agnes E. Donato
Reporter
The Department of Labor has awarded a nonresident worker almost $13,000 in unpaid wages.
For labor law violations involving the employment of alien worker Rosario N. Tala, the department fined two companies $1,000 each and permanently barred them from employing nonresident workers in the Commonwealth.
Records showed that Acorn Corp. employed Tala as a cook at the Rose Garden Restaurant from 1998 until her labor permit expired on Aug. 27, 2003.
Acorn wanted to renew Tala’s permit last year, but the company failed to file a timely application. But instead of filing a late renewal application, Acorn devised an elaborate plan under which another company, Young Jin Corp., agreed to hire Tala on a work permit expiration transfer.
Tala then continued to work for Acorn, although she was a Young Jin employee on record.
During the hearing of the case, Young Jin’s agent Cho Jin Koo said the company actually intended to have Tala work in its Big Garden Restaurant, but Acorn refused to release her.
Labor hearing officer Linn H. Asper noted that Young Jin and its agent should have known that the arrangement wherein Tala continued to work for Acorn while she was contracted to Young Jin was a labor law violation.
Thus, Young Jin should be held jointly responsible with Acorn for any unpaid wages owed Tala, even though she performed no work for Young Jin.
The hearing of the case also revealed that Tala worked a substantial number of unpaid overtime hours at Rose Garden. She was paid only $500 a month, less than the minimum wage for one year of employment.
In view of this, Asper ordered Acorn and Young Jin to pay $5,673.21 for unpaid wages and an equal amount for liquidated damages, as well as $1,000 each in fine.
Acorn was also told to pay Tala $1,586.75 in attorney fees and costs.
Acorn and Young Jin were also permanently barred from employing alien workers in the CNMI.
