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Employer in default
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Posted on May 12 2006
Q: What should a prevailing guest worker do if his or her employer fails to pay within 30 days as directed pursuant to a Labor administrative order or settlement agreement?
A: Labor hearing office’s administrative orders, including settlement agreements, should include a payment schedule for all awards, if any, to the prevailing party.
In the event that a prevailing worker does not receive any payment within 30 days of the due date set forth in the administrative order or settlement agreement, the worker may file a motion with Labor’s administrative hearing office. The worker’s motion should request the hearing officer to issue an order to show cause. The hearing officer may then issue an order directing the defaulting party to appear and explain why payment has not been made. Unless good cause is shown, the hearing officer may sanction the defaulting party by an amount equal to the amount of any outstanding payment.
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Q: What will happen if the defaulting employer fails to make any payment within 90 days?
A: According to Alien Labor Rules and Regulations, if no payment is made within 90 days, the Labor administrative hearing office shall immediately refer the matter to the office of the Labor Secretary for initiation of a collection action.
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Q: Can a Labor mediator drop an alien worker’s complaint?
A: Yes. The mediator may dismiss a worker’s complaint during mediation proceedings if the alleged violation is barred by a statute of limitations or any other valid lawful reason.
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 CIC Centre on Beach Road, Garapan.
