Tinian store owner sanctioned for failing to post JVAs on website

The Department of Labor Administrative Hearing Office has sanctioned a store owner on Tinian for violating Labor regulations regarding employers’ obligation to file quarterly total workforce listings and failure to post job vacancy announcements on Labor’s website.

Labor administrative hearing officer Jerry Cody sanctioned Lucky Qiang Corp., owner of Lucky Qiang Market, to pay $1,500 for its conduct.

Cody, however, ordered that the $750 of the fine shall be suspended for a period of two years, then extinguished, provided that Lucky Qiang Corp. complies with the terms of this order and commits no further violations of CNMI Labor law in that period.

Cody ordered the employer to pay the $750 within 45 days of this order.

Lucky Qiang was ordered to post all job vacancies and job renewals in the future on Labor’s website.

Cody required the employer to interview and consider for hiring any referrals of U.S. citizens or permanent residents when they are qualified and available to work.

The Department of Labor Enforcement Section determined that Lucky Qiang Corp., owner of Lucky Qiang Market on Tinian, failed to comply with several Labor regulations.

First, Lucky Qiang failed to produce documents in response to a written document request served by Labor Enforcement Section within the deadline specified in the request.

Second, Lucky Qiang failed to produce a total workforce listing document required by regulation to be filed each quarter.

Third, Lucky Qiang failed to post two job vacancy announcements on the Labor website, in violation of CNMI rules and regulations.

In an order issued last week, hearing officer Cody said as to the charge that Lucky Qiang was late in producing documents in response to Labor enforcement’s request, he finds no violation.

Cody said the facts establish that Lucky Qiang’s general manager attempted to compile the documents but was hampered by the absence of its accountant.

Cody said Lucky Qiang remained in contact with Labor enforcement and, as soon as the accountant arrived on Tinian, the employer promptly produced the requested documents.

The hearing officer said Lucky Qiang’s late production of documents should be excused and no sanctions should be assessed against the employer for this charge.

On total workforce listing issue, Cody said Lucky Qiang failed to comply with the regulation and should be given a suspended sanction for this conduct.

On job vacancy announcement issue, Cody said Lucky Qiang violated Labor regulations by failing to post job renewals on Labor’s website for those positions filled by two CW-1 workers.

Cody said this failure occurred not only with respect to job renewals in 2016, but also the renewals applied for in 2014 and 2015.

The general manager said he relied on advice from their accountant to use radio advertising rather than post JVAs on Labor’s website.