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Employers flee before Labor hearing
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Posted on May 18 2009
The Department of Labor has found a corporation and its officers liable to pay a total of $64,969 in unpaid wages and illegal deductions to 16 alien workers.
Labor Administrative Hearing Officer Herbert D. Soll ordered Yong Jia Corp., and its officers—Wong Manon and Hua Jiang Ulloa—to pay the 16 workers, all Chinese, in amounts ranging from $2,724 to $4,912.
Soll said if the employers fail to pay or deliver repatriation tickets to the workers, the sureties in each of the workers’ contracts may be held responsible for wages to the limits of the bond and for the plane tickets.
Soll sanctioned Yong Jia Corp., On, and Ulloa to pay $2,000 each for numerous violations of Labor law.
The respondents are permanently disqualified from employing any foreign workers in the Commonwealth.
Soll also recommended that Labor consider recommending a revocation of any business permits issued to any of the respondents.
He ruled that the 16 workers are entitled to transfer to new employers and have 30 days to file an Intent to Employ from an eligible employer.
According to Labor records, On was the shareholder of a Commonwealth long-term business permit for more than 10 years. He was the president and sole stockholder of Yong Jia Corp. Ulloa aided On in his actions as an administrative assistant/accountant/translator.
Ulloa, a U.S. citizen, assisted Yong Jia Corp. and On in willful violations of law by falsifying time and attendance records and distributing paychecks and cash payments to employees in a scheme to avoid full payment of wages earned.
Ulloa facilitated the acceptance of illegal and unauthorized employment fees.
Eighteen complainants appeared at the April 24, 2009, hearing. On and Ulloa, however, have already left the CNMI and did not appear at the hearing despite notices about the proceeding.
The workers testified that the respondents asked them to pay processing fees; failed to pay their wages; failed to provide them work for several months; did not pay them overtime; and refused to reimburse plane tickets.
