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27 workers allowed to look for new employers
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Posted on Jun 27 2005
The Department of Labor has granted transfer relief to 27 nonresident workers after the death of their employer resulted in the closure of the latter’s businesses.
In an administrative order, Labor hearing officer Jerry Cody said the former workers of the defunct construction and dressmaking businesses have until Aug. 5, 2005 to file applications to transfer to new employers.
The displaced workers are currently working under temporary work authorizations for various employers.
Cody ordered that these TWAs be automatically revoked either on the day a new permit application is filed for the worker, or on the transfer deadline, whichever occurs first.
The hearing officer said this would prevent duplication and conflict in employer obligations.
The order stemmed from the closure of the Dynamic Power Construction and a dressmaking business previously owned by Rosalina A. Camacho, who died on July 19, 2004.
After the businesses ceased operations, the Labor Department opened an agency case to address the issue of the workers’ right to transfer to new employers.
At the hearing, the workers said they had no outstanding wage claims against their former employer and they simply wanted to be able to transfer to new employers.
The Labor Department raised no objection to the workers’ request.
Cody granted the workers 45 days to transfer.
“If any complainant fails to provide proof of the filing of a labor permit application within the 45-day transfer period, that complainant shall be required to depart from the Commonwealth at the expense of the applicable bonding company,” Cody said. “In such event, any refusal or failure by the worker to depart from the Commonwealth shall result in his or her name being forwarded to the Office of the Attorney General for deportation proceedings consistent with this order.”
