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Labor sanctions employer $100
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Posted on Aug 04 2005
The Department of Labor warned and sanctioned an employer for failing to file a complete permit application and leaving it to an agent to cure the deficiency.
Labor hearing officer Jerry Cody ordered Greate Corporation to pay a $100 fine. He also warned the company that further monetary or other sanctions would be imposed against it if the employer repeats the violation.
Nevertheless, Cody reversed an earlier decision by the Division of Labor to deny Greate’s application to employ Wang Jin Jin and Guo Feng Zhen.
He allowed both workers to continue to work for Greate, provided that the employer pay the fine in a timely manner.
Wang and Guo work for Greate’s restaurant, 369 Noodle House, as cook and waitress.
On Jan. 12, 2005, Greate filed applications to renew the employment of these workers.
On March 8, 2005, the department issued a deficiency notice that informed the employer that the applications lacked job vacancy announcements.
The employer failed to correct the deficiency during the month that followed, prompting the division to deny the application.
Greate and the workers appealed the denial.
At the hearing, Greate manager Raymond Borja testified that the company’s agent never notified management about the deficiency notice, which was mailed to the company’s mailbox—a box regularly checked by the agent.
Greate’s management also said they have not been able to contact the agent for several months and that they believe the agent may be currently staying in Guam.
The employer said, however, that after receiving the denial notice, they began processing JVAs for the workers. The JVAs were certified on July 29, 2005 and the application is now complete.
“[The employer’s] excuse is accepted; however, the employer should be faulted for its negligent supervision of its agent as well as its initial failure to submit the JVAs in a timely manner,” said Cody.
He concluded that the Division of Labor’s denial of this application should be reversed, provided that Greate pays the sanction.
