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Use of a Labor memorandum
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Posted on May 05 2006
Q: When can the Labor director or his designee issue a memorandum authorizing an alien worker to seek temporary employment?
A: The Labor director or his designee may issue such a memorandum upon a request by any federal enforcement agencies such as the National Labor Relations Board, U.S. Equal Employment Opportunity Commission, U.S. Department of Labor, and U.S. Department of Justice.
According to the Alien Labor Rules and Regulations, a memorandum may also be issued upon a request by any local enforcement agencies such as the Office of the Governor, the Attorney General’s Office, Division of Immigration, and the Department of Public Safety.
Q: Can a memorandum be issued to a guest worker who is filing a private labor lawsuit?
A: A memorandum may be issued to an alien worker who is filing a private lawsuit involving labor claims upon presentation of a letter from the attorney of record. The attorney’s record should identify the worker as a party in a pending lawsuit and name the court in which the case is pending and the case number.
Q: If a complaining worker was issued a memorandum and found a prospective employer, what would be the next proper step for him or her to take?
A: Upon finding an employer, the worker must present himself or herself to the Department of Labor for the issuance of a Temporary Work Authorization, or TWA. The TWA shall be valid for a period not to exceed 90 days. It shall be renewable every 90 days until the justification for the request has been accomplished.
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 or 135. 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.
