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Labor administrative hearing officer’s powers
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Posted on Oct 31 2008
Q: What are the main powers of a Labor administrative hearing officer?
A: A Labor administrative hearing officer is authorized to award unpaid wages or overtime compensation, and amounts unlawfully required by an employer to be paid by an alien worker. According to the new Alien Labor Rules and Regulations, the hearing officer is also authorized to award damages for unlawful termination of an approved employment contract, or damages, when appropriate, for conduct of the employer that is in violation of Commonwealth or federal law.
The Regulations state that the hearing officer can assess liquidated damages of up to six months wages if actual damages are uncertain or cannot be ascertained under a satisfactory or known rule in cases in which the employer’s conduct is found to have been retaliatory.
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Q: Does a Labor administrative hearing officer have the authority to cancel an alien worker’s entry permit?
A: Yes. The Regulations state that the Labor administrative hearing officer can cancel or modify an entry permit or an approved employment contract or require an employer thereafter to pay foreign national workers only by check or direct deposit in a U.S. bank payable in U.S. currency (no cash payments) in cases where payment records have been negligently or inappropriately kept.
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Q: Does a Labor administrative hearing officer have the authority to award attorney’s fees?
A: Yes. The Regulations state that the hearing officer can award attorney’s fees when appropriate in addition to any other remedy; provided, however, that attorney’s fees shall not be recoverable against the CNMI. The hearing officer can also order temporary or permanent debarment of an employer or order an employer to attend one or more orientation sessions for education as to rights and responsibilities under CNMI law.
The hearing officer can disqualify an alien worker, temporarily or permanently, from employment in the CNMI. He or she can also levy a fine not to exceed $2,000 for each violation of any provision of Public Law 15-108 or the new reformed Labor law.
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[I]Disclaimer: Readers should conduct their own research and due diligence and obtain professional legal advice. Saipan Tribune will not be liable for any loss or damage caused by a reader’s reliance on information obtained from this section. 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. [/I]
