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Two employers get warning for incomplete permit application
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Posted on Oct 06 2004
The Department of Labor has warned two employers of substantial penalties if they submit a deficient permit application in the future.
Piao Dong Hao and Josephine Dela Cruz, doing business as JD House Rental, were cited after they failed to correct deficiencies in the permit application for alien worker Zhang Zhong You.
Zhang previously worked as a building maintenance repairer for JD House Rental, under a nonresident permit that expired on April 10,2004.
The employers filed a renewal application to continue employing Zhang on May 12. The application was not only filed over a month late, but also missing several documents. This prompted the Labor Department to issue a deficiency notice.
The employers, however, did not submit documents to correct the deficiencies in the month following service of the notice. On June 12, the department issued a denial of the application. The appeal followed.
At the hearing, the employers testified that they had employed Zhang to maintain a particular barracks used by a garment factory. However, they had just sold that building to a new company, which hopes to hire Zhang to continue maintaining the building.
Based on the sale, JD House Rental requested permission to withdraw their renewal application and allow Zhang to transfer to a new employer.
“The evidence establishes that this application was deficient and tardy when it filed and was not corrected in a timely manner. Furthermore, the present employers’ sale of their barracks eliminates their need to employ this worker,” hearing officer Jerry Cody said.
Cody affirmed the denial of the application, but allowed Zhang to transfer.
