Firm warned vs hiring alien workers

The Department of Labor has issued a warning against a company and its president for filing an application to hire a nonresident worker despite numerous pending labor cases and a determination that they owe tens of thousands in back wages to more than 40 employees.

Labor administrative hearing officer Jerry Cody warned Sun Mei Corp. and its president, Sun Qiao Lan, that they should refrain from filing transfer applications to hire alien workers until a 2004 compliance agency case against them is resolved by an administrative order.

Cody said a further ban on hiring might be imposed at the conclusion of the agency case.

“Failure to comply with this instruction in the future may result in monetary sanctions against these parties,” the hearing officer said.

Cody issued such warning in affirming the Labor director’s decision to deny the permit renewal application filed by Sun Mei Corp. for Fang Bai, an alien worker.

Cody, however, granted Bai’s request for transfer and gave her 45 days to find a new employer.

Labor records show that on June 6, 2005, Sun Mei Corp. filed a transfer application to hire Bai under a one-year nonresident work permit.

On March 28, 2006, Labor denied the application on the grounds that Sun Mei Corp. failed to comply with back wages and salaries related to a 2005 Labor denial case. Sun Mei Corp. and its president appealed.

In that 2005 case, hearing officer Maya Kara noted that more than five cases had been filed against Sun Mei Corp. involving unpaid wages.

Additionally, two cases involved wrongful termination, and others involve a variety of unlawful activities such as abandonment, failure to provide work and illegal recruiting fees. These cases currently remain pending in the Division’s Investigation Section.

In his order, Cody noted that Labor is currently litigating a 2004 compliance agency case against Sun Mei Corp., which concerns the nonpayment of thousands of dollars in wages owed to company employees, as well as other alleged violations of law.

Cody said that Labor has determined that Sun Mei Corp. owes tens of thousands in back wages to more than 40 employees.

He said Labor recommended that the company should not be allowed to hire additional workers until the compliance agency case is resolved.

At the present hearing, Sun Mei Corp.’s president Sun admitted that the company owes many thousands of dollars to its workers.

Sun stated that the company does not contest the current denial; rather, it supports this worker’s request for transfer relief.

Miss Sun stated that the company does not object to being barred from hiring new workers until the cases are resolved.

Bai also does not contest the denial but asks to be allowed to transfer to a new employer.

Cody said this evidence establishes that the denial of Sun Mei Corp.’s application was justified and uncontested, and therefore should be affirmed.

“Based on the evidence presented and in view of the general transfer polices that allow for transfer where the worker is not at fault, I hold that Miss Bai should be granted transfer relief,” Cody said.