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Employers barred from hiring alien workers
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Posted on Jun 02 2006
Q: How does an alien worker know that a certain employer is barred from hiring guest workers in the CNMI?
A: The Department of Labor secretary or his designee has a Barred List containing the names of all employers who are prohibited from hiring nonresident workers. Under the Alien Labor Rules and Regulations, the Labor secretary shall make the Barred List available to the public. Labor will deny issuance of a Labor and Immigration Identification System card to an employer whose name appears on the Barred List.
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Q: What are the bases of issuing such Barred List?
A: The Barred List is based on the findings of the Labor administrative hearing officers or the Labor secretary, when deciding an appeal, that the employer has violated or breached the Nonresident Workers Act, as amended, Minimum Wage and Hour Act, as amended, or the terms of any employment-related document filed with the Division of Labor.
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Q: What should a barred employer do in order to erase his, her or the company’s name from the Barred List?
A: An employer in the Barred List may petition the Labor secretary not more than once every six months for review of whether the employer’s name should remain on the List. According to the Alien Labor Rules and Regulations, the employer has the burden to demonstrate by proof beyond a reasonable doubt that remedial efforts have been implemented to correct the cause of the reason for being placed on the Barred List and that the employer will otherwise follow all laws and regulations regarding the employment of alien workers. However, Labor will not entertain a petition from an employer named on the List as a result of a final order of the Labor hearing office or a court.
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