Department of Labor and SWAT Invited to Present to 15th General Assembly of the Association of Mariana Islands Mayors On Labor Issues

Alfred Pangelinan, Director of CNMI Labor's Employment Services Division; Bert Johnston, Education Director of Trades Academy of Guam; Cinta M. Kaipat, Deputy Secretary of CNMI Department of Labor; Eric Plinske, Director of NMC's Small Business Development and SWAT Coordinator; Edith Guerrero, Executive Director for the CNMI Workforce Investment Agency (WIA); and Alice Concepcion, CNMI Labor Employment Services Supervisor.
SWAT Team at 15th General Assembly of the Association of Mariana Islands Mayors
Deputy Labor Secretary Cinta Kaipat speaks to Assembly on PL 15-108 and SWAT
Deputy Secretary of Labor Kaipat fields questions from the mayors and council members
SWAT Coordinator Eric Plinske (NMC) gives an overview of SWAT's mission
List of SWAT Partners


Friday February 29, 2008

NMI mayors no show at general assembly

By Emmanuel T. Erediano Variety News Staff

THE 15th general assembly of Association of Mariana Islands Mayors, Vice Mayors and Municipal Council Members is hosted by the CNMI but none of its mayors showed up for the meeting that started yesterday at the Saipan Grand Hotel in Susupe.

Sixteen municipal officials traveled all the way from Guam to attend the assembly where they discussed the economic impact to the region of the pending military build-up.

The group will elect a new set of officers today.

Tinian Mayor Jose San Nicolas confirmed attendance days ago, but due to “unforeseen circumstances,” he said his presence will not be possible.

San Nicolas said he is sending Tinian Municipal Council Chairman Antonio H. Tudela to attend on his behalf.

He said in a letter addressed to the association that “I strongly value our association and believe that the end results of our objectives will be realized if we work together.”

San Nicolas said he has to hold a very important meeting with the department heads on Tinian.
Rota Mayor Joseph S. Inos also sent a letter to group saying his tight schedule does not allow him to leave Rota. He instead sent Alfred M. Apatang Jr. as his proxy.

Northern Islands Mayor Valentin I. Taisakan, according to the assembly secretariat, did not confirm his attendance prior to the assembly.

Saipan Mayor Juan B.Tudela, the secretariat said, has resigned from the association years ago.

Those who attended from the CNMI are the members of the Saipan and Northern Islands Municipal Council, which is composed of Chairwoman Antonia M. Tudela, Vice Chairman Ray Blas Camacho and member Felipe Q. Atalig; the Rota Municipal Council’s Roy James A. Masga, Alfred M. Apatang Jr., and Vicente M.Calvo; and the Tinian council’s Antonio Borja, Charlene M. Lizama and Eugenio L. Villagomez.

Department of Labor Deputy Secretary Cinta Kaipat, Division of Employment and Training Services Director Alfred Pangelinan, Labor supervisor Alice Concepcion, Northern Marianas College’s Eric Plinske and Workforce Investment Agency’s Edith Deleon Guerrero were invited to make a presentation on CNMI labor issues. They all showed up.

Guam Mayors Council executive director John F. Blas declined to comment on the CNMI mayors’ absence.

All he could say is that the meeting is important as it focuses on the pending military build-up.
“The economic opportunity brought about by the military build up on Guam will, at some point, impact the CNMI,” Blas said.

He added that yesterday’s meeting also focused on CNMI’s labor situation and the Guam Contractors Association need for skilled workers.

Kaipat: New Law Will Improve Labor System

CNMI News

Thursday February 28, 2008

Kaipat: New law will improve labor system

By Raquel C. Bagnol
Variety News Staff

THE islands’ economic hard times were among the considerations behind the enactment of Public Law 15-108, according to Deputy Labor Secretary Cinta M. Kaipat.

Some businesses believe that the law will make things more difficult for companies to survive the CNMI’s economic slump.

During yesterday’s meeting with legislators, Kaipat said the law aims to make the labor system more efficient.

“We know we were in for prolonged economic hard times, and there was nobody who can lend us money to bail us out of the depression, hence we (want) to lower costs for businesses and speed up the process so citizens can take advantage of job opportunities,” Kaipat said.

She said they remain optimistic that the CNMI economy will soon recover.
“We needed a law that will work for us both in good times and in bad times,” she said.

As a House member in the previous Legislature, it was Kaipat who introduced the bill that became P.L. 15-108.

She said the old law had to be changed.

“The labor law passed in 1983 was outworn and outmoded – it had undergone a patchwork of amendments over the years and just couldn’t serve us well anymore,” Kaipat said.

The implementation of the new labor law will help prevent the occurrence of more labor violations, she said.

P.L. 15-108 was signed by Gov. Benigno R. Fitial on Nov. 9, 2007 and took effect on Jan. 1, 2008.

Labor's Duty To Prefer Local Workers Affirmed

Friday, February 22, 2008


Labor's duty to prefer local workers affirmed


By Ferdie de la Torre
Reporter

Labor Secretary Gil M. San Nicolas yesterday said Labor has a continuing obligation to prioritize U.S. citizens and residents in employment opportunities.


San Nicolas underscored the importance of giving preference to local workers in his decision affirming the Labor Administrative Hearing Office's order that sided with a local applicant who was applying for the post of front desk supervisor at Hafadai Beach Hotel. The hotel had initially rejected her application because she could not speak Japanese.


San Nicolas affirmed the administrative hearing officer's ruling on the language-preference issue and the decision to hire a local, Jannie M. Tenorio, as front desk supervisor.


The Secretary, however, reversed the hearing officer's order that allowed the former front desk supervisor, Jackilyn T. Ruan to transfer to another suitable employer.


San Nicolas granted Hafadai's request to allow the hotel to create and fund another position to retain Ruan as an employee.


“In these extremely difficult economic times, public policy favors the granting of Hafadai's request,” San Nicolas pointed out.


Labor records show that Ruan's renewal application was denied based upon the employer's rejection of a local applicant, Tenorio, who had been deemed qualified by the Labor's Division of Employment Services and Training.


At the hearing, Saipan Hotel Corp., owner of Hafadai Beach Hotel, acknowledged that Tenorio has the basic skills to perform the job of front desk supervisor but argues that Tenorio's lack of Japanese language skills renders her unqualified.


In his administrative order issued on May 16, 2007, Hirshbein affirmed the Labor director's decision to deny Saipan Hotel Corp.'s application to renew the contract of Ruan as front desk supervisor at Hafadai Beach Hotel.Hirshbein granted Ruan, an alien worker, 45 days to seek a new employer.


The hearing officer ruled that while the employer, Saipan Hotel Corp., stated in the Job Vacancy Announcement that they would prefer someone with Japanese language skills, it is not appear that such skills are prerequisite for the performance of the duties of this position.


“However, even if these skills are necessary, it appears that they are attainable through basic classes and on-the-job experience,” he said.


Under these circumstances, Hirshbein pointed out, the employer is required to provide the necessary training.Hafadai and Ruan appealed.T


he appellants, through counsel Marcia K. Schultz, argued that contrary to the hearing officer's ruling, it is critical for a hotel to have Japanese speakers at the front desk as well as supervisors who can deal efficiently with emergency situations.Hafadai said that after receiving the administrative order, the hotel offered Tenorio the position of front desk supervisor, which she accepted.


The hotel also began making arrangements to institute Japanese language training for its employees.


Hafadai requested the Labor Secretary to authorize the hotel to create and fund another position to retain Ruan so as to ensure that a Japanese-speaking staff is available on each shift at all times.


In his order, San Nicolas said Hirsbein properly handled the case.


San Nicolas said that, although Tenorio lacked the Japanese-language proficiency that distinguished her from Ruan, lack of a “preferred language skill” in itself is not enough to disqualify an otherwise qualified resident and U.S. citizen applicant.


The Secretary said Ruan herself testified at the hearing that she acquired her Japanese-language skills through attending language classes provided by her employer and through on-the-job training.


“Thus, Hafadai should hire and train Tenorio as it did with Ruan. In fact, CNMI Labor laws require such training,” he pointed out.


San Nicolas said that since the hotel offered the job to Tenorio, the Tenorio hiring is no longer at issue at the time of the appeal.


“Nevertheless, it should be stated for the record that the hearing officer's ruling on the language issue should be affirmed,” he added.On the creation of a new position, San Nicolas said Ruan's employment is no longer an impediment to Tenorio's hiring.


“Moreover, Ruan's experience and language proficiency will be an asset that would contribute to the successful operation of this employer's business,” he added.

Labor Clarifies Transfer Process

Wednesday February 20, 2008

Local

Wednesday, February 20, 2008

Labor clarifies transfer process
By Agnes E. Donato
Reporter

The Department of Labor has clarified how foreign workers can transfer jobs under the new system.

Although consensual and expiration transfers have been eliminated, guest workers may still transfer from one employer to another, according to the department's progress report on the implementation of Public Law 15-108.

Deputy Labor Secretary Cinta Kaipat, the former lawmaker who sponsored the labor law in the 15th Legislature, prepared the report.Under the new process, Kaipat said, a worker seeking to transfer jobs registers with the Division of Employment Services and is given the so-called “employer intent form.”

The worker finds an employer willing to hire him or her. That employer signifies his intent to hire the worker by signing the form, which the worker returns to Employment Services.

Workers and their representatives may access the Labor website to find available jobs for which U.S. citizens and permanent residents have not applied for.

Employment Services checks to be sure that the job is posted on the website so that locals are notified of their availability.

After the normal referral period passes, Employment Services sends the request to transfer to all DOL units and to a designated hearing officer.

Any DOL unit may object to the transfer for reasons such as criminal convictions, pending labor cases, or suspected illegal sponsorship.

A hearing officer, after receiving objections at a hearing, will issue an order granting or denying permission to transfer.

If permission is granted, the employer has 10 days to file the transfer application with Labor Processing. If permission is denied, the employee and employer have a right to appeal.

The new transfer process has been in effect since Monday, Feb. 4, 2008.In her report to the Legislature, Kaipat also said that assistance is being provided to businesses.

She said that upgraded technology allows for an automated processing of employment renewals and transfers.

She added that the department has eliminated the backlog in processing applications, and it expects that, with the new system, nearly all new applications will be processed within 30 days.

She informed lawmakers about the Labor's new website, which allows businesses to post job vacancy announcements at no cost.

Kaipat also reported that the department hopes to have pending labor cases from 2005, 2006, and 2007 to be completed by June 2008. A few cases are expected to be appealed to the secretary.

A new process has been put in place to ensure appeals are decided within 30 days of being filed.

Labor Department personnel are conducting informational meetings on Saipan, Tinian, and Rota.

Those interested in receiving a presentation may send an email to depsec2@gmail.com.

Labor Chief Confident In Kaipat's Capability

Wednesday February 20, 2008

Local

Tuesday, February 19, 2008

Labor chief confident in Kaipat's capability

By Ferdie de la Torre
Reporter

Labor Secretary Gil M. San Nicolas has expressed confidence that former representative Cinta Kaipat will perform her new job well as Labor deputy secretary, particularly in the outreach program for Public Law 15-108 or the new labor reform law and its regulations.

San Nicolas told Saipan Tribune that everyone knows that Kaipat used to work at Labor as administrative hearing officer.

“With her knowledge and expertise, she can help the department educate and inform the community, especially the employers and the workers regarding the new law and the new procedures that's taking place in the department,” he said.

As lawmaker, Kaipat was the principal author of the controversial P.L. 15-108.

In an earlier interview, Kaipat said she is focusing on the community outreach program to educate the public about the new law.

Kaipat said she is very happy because the outreach program that she already started has been getting positive response from employers and employees.

Before she became a lawmaker, Kaipat used to serve as Labor administrative hearing officer for five years.

Gov. Benigno R. Fitial said Kaipat as Labor deputy secretary will be in charge of community outreach “to be sure everyone understands the much-improved structure of our citizen worker-preference and or guest worker program.”

The governor said that, as author of the new labor reform law, the former congresswoman spent more than a year in getting it drafted in a way that took into account the input from all parts of the community, including new provisions for foreign workers.

San Nicolas affirms disqualification of alien worker who paid $4K to get job

Local

Monday, February 18, 2008

By Ferdie de la Torre Reporter

Department of Labor Secretary Gil M. San Nicolas has upheld the Labor Administrative Hearing Office's decision that permanently barred an alien worker who paid $4,000 to an unlicensed recruiter in China to get a job in the CNMI and was found to have entered into the Commonwealth through a fraudulent scheme.

San Nicolas said Shunpeng Chen's contention on appeal that his recruiting agent is responsible for any wrongdoing “hardly deems plausible as he remained idle for over two years with no attempts to rectify the wrongdoing.”

“The fact that Mr. Chen was present in the Commonwealth for over two years prior to the labor hearing date proves that he is not needed for employment,” said the secretary in affirming the order issued by then administrative hearing officer and now Labor director Barry Hirshbein.

According to Labor records, Chen filed his Labor case in Nov. 2005. He arrived in the CNMI on June 25, 2005 and alleged he was unable to find his employer, CP Central Pacific Corp.

Chen testified that when he arrived in the CNMI he stayed with a friend. He asked his friend to help find his employer.

In August 2005, Chen came to Labor and met with Tony Yen who helped him secure his entry permit.

Chen did not ask Yen to help find Central Pacific Corp. In November 2005 complainant again asked Yen for help and this Labor case was followed.

Chen testified he paid about RMB 30,000 ($4,000) in China to secure employment in the CNMI. He did not use a licensed recruiter. The complainant did not make a copy of the documents that he signed. He testified that he worked as a technician in the Lin Xin Garment factory in China from 1998 to 2005. That was his only job.

Chen's nonresident worker affidavit, submitted in support of the employment application, states that he worked as a waiter from 2000 through 2004.

Complainant stated that the information is not true. He testified that he did not sign the affidavit. He also testified that the signature of the employment contract is not his.

In his order, Hirshbein revoked Chen's work/entry permit and ordered him to depart the CNMI within 15 days after a repatriation ticket is delivered to Labor.

Hirshbein permanently barred Chen from working in the CNMI as a nonresident worker.

The administrative hearing officer said Chen shall take nothing by his complaint against Central Pacific Corp.

Hirshbein, however, sanctioned Central Pacific Corp. to pay a $4,000 fine to the government and permanently barred the company from employing alien workers in the CNMI.

Chen appealed. He told San Nicolas that prior to his arrival in the CNMI, he was not aware or familiar with labor regulations and the processing procedure.

He claimed that all the documents for his employment application required Labor were asked by his recruiting agent.

Chen said the agent should be totally held responsible for any fraud document submitted to Labor.

In dismissing the appeal, San Nicolas said Chen's entry into the CNMI was clearly fraudulent.San Nicolas said the nonresident worker affidavit signed and submitted to Labor states that Chen worked as a waiter from 2000 to 2004.

San Nicolas said Chen testified that that information is not true and that he did not sign that affidavit.

Labor holds orientation for new guest workers

Thursday February 14, 2008

By Raquel C. Bagnol Variety News Staff

IN line with the newly enacted Public Law 15-108, nine foreign workers who arrived here over the weekend participated in first orientation conducted by the Department of Labor at its office in San Antonio on Tuesday morning.

Director of Labor Barry Hirshbein said P.L. 15-108 requires all foreign workers to attend an orientation regarding their rights and obligations while employed in the CNMI.

“This orientation is a brand new process, one of the many changes we are going through and this will be an ongoing program,” he said. “It is important because we need to know that the workers understand what is in their work contracts, and the workers need to know what their rights are, what is expected of them and what they can expect from their employers.”

Hirshbein urges guest workers to immediately consult Labor in case problems arise in the workplace.

“We would like to help prevent conflicts from arising between employers and employees,” he said. “The Department of Labor is a place where workers can turn to when any problem crops up, but workers should not come to us as a last resort because things may be beyond control by then.”

He added, “We rely on you to come and tell us immediately and not wait for the crisis to get big before you react.”

The orientation in English for workers is scheduled at 9 a.m. every Tuesday. The Chinese and Korean presentations are scheduled at 10 a.m. and 11 a.m.

Hirshbein said there are over 20,000 foreign workers on Saipan.

2-13-08 Saipan Tribune: C. Reyes Ltr to Ed--"Response to Mr. Wicker"

Wednesday, February 13, 2008

A response to Mr. Wicker

Mr. Willens asked me to respond to the letter from the Communications Director of the Senate Energy and Natural Resources Committee published in the Variety on Feb. 8, 2008. Mr. Willens is still waiting for a written response from a Committee lawyer to his detailed analysis of the plain meaning of H.R. 3079.

It is clear that Mr. Wicker does not understand H.R. 3079. It establishes a permit system under which each employer in the Commonwealth must have a permit in order to hire a nonimmigrant foreign worker. It does not matter whether the foreign worker is presently in the CNMI or enters under the H visa program. He or she cannot get a job unless the employer has a permit to hire a foreign worker for the particular job. Under the current bill, these permits must be reduced to zero by Dec. 31, 2013. If there is no extension of the transition period, the law would require the departure of more than 19,000 foreign workers currently working here.

Mr. Wicker's lack of familiarity with the legislation is also made clear by his suggestion that, after the termination of the transition period, “the nonimmigrant worker program under the INA will continue indefinitely, along with all of the provisions of the U.S. immigration laws.” He seems to forget that by that time the CNMI will be subject to the national caps on H-1B and H-2B visas. If they are allocated proportionally to population, that will entitle the Commonwealth to 10 or fewer workers in each category, which would clearly fall far short of CNMI’s labor needs.

Mr. Wicker's letter, however, did provide some new information. The Senate Committee has finally decided to write a Committee report regarding its recommendation that the Senate pass H.R. 3079. When the Committee decided last December to bundle this “non-controversial” bill with 50 or more other bills from the House of Representatives, there was no suggestion that the Committee would file a report explaining its action. Why is the Committee asking the full Senate to vote on a bill any day now without any explanation from the Committee as to what the bill means and what will be its impact on the Commonwealth's economy, citizens, and foreign workers?

Why should we be surprised? This is the same Committee that endorsed a bill based on the facts of 10 years ago, when Allen Stayman was in the Clinton Administration, rather than the situation existing today in the Commonwealth. This is the same Committee that requested a report from the Government Accountability Office and then refused to defer action until the GAO completed its work-now only a few months away. This is the same Committee that endorsed a House bill that is substantially different from the version considered by the Committee at its hearings in July 2007, without pausing to evaluate the changes made by the House of Representatives or asking for comments from the Commonwealth.

Charles P. Reyes Jr.
Press Secretary
Capital Hill, Saipan

2-12-08 Saipan Tribune: "Mess Left At Labor Cleaned Up"

Local

Tuesday, February 12, 2008

'Mess left at Labor cleaned up'

By Agnes E. Donato Reporter

Gov. Benigno R. Fitial said yesterday that the mess left behind by past administrations at the Department of Labor has now been cleaned up.

Fitial announced a “new era” at Labor as he disclosed the department's installation of a new computer system, a new website, cleaning up the backlog of applications and labor cases, and new operating procedures.

Fitial also announced his appointment of former Rep. Cinta Kaipat as the new Labor deputy secretary.

Labor director Barry Hirshbein and other Labor officials demonstrated to the media yesterday how they upgraded the Labor and Immigration Identification System with the new installation of a new computer system.

After the demonstration, Labor Secretary Gil M. San Nicolas, Hirshbein, Kaipat, and other Labor officials joined the governor in the news briefing.Fitial said it took two years for his administration to clean up the mess left over from past administrations.

The governor said with the new computer system the LIIDS system has been upgraded for the first time since 2000.

“We have new equipment and new software. The system came online last week. We recognize the hard work put up in by Tom Torres (LIIDS computer specialist 3) to make this happen and the able assistance of Ron Smith (web master),” Fitial said.

With respect to the new website, Fitial said Smith also designed and implemented it.

“This is free for employers, free for prospective employees, and free for the general public. The website is a very efficient way for everyone to see what jobs are available,” he said.

In an interview with Saipan Tribune, San Nicolas said he has been waiting for this computer system project for a long time.

“Our main goal for the automation is to make it easier for all the employers to process their papers, their applications to Labor and Immigration through the automation system,” San Nicolas said.

Hirsbein explained that under the new system, they automatically generate a voucher for a customer electronically, then the customer will be allowed to go down and pay for that voucher. The customer will then return and bring proof of payment.

“We enter the voucher, that application will then be taken down to LIIDS, it will be scanned into the computer system. That application will never come back here to Labor Processing,” he said.

The Labor director said all of the papers found in the shelves at Processing will soon be gone. “The application will be reviewed on the computer. Anyone of my staff can pull out the application out of the processing and review the applications, make deficiencies.” he said.

The approval, Hirshbein said, will be sent out electronically or the deficiency will be sent out by e-mails if the employer has given them their e-mail address and they can correct the deficiencies.

“All of these are tied in with the Employment Services that allows you to post your JVA [Job Vacancy Announcement] online, electronically approve the JVA, and all those systems are tied together,” he said.

Under the new system, Hirshbein pointed out, there will be less chance of misplacing documents and things will be reviewed efficiently.

Fitial said that Labor Employment Services director Alfred Pangelinan and Division of Employment Services supervisor Alice I. Concepcion and their staff are upgrading the services provided to citizen applicants. They are also helping run the new foreign worker transfer program.

On the backlog issue, Fitial cited that Labor had a backlog of over 11,000 applications and delays as long as a year in getting applications acted on by the department.

He said Labor director Hirshbein and his staff at Processing Section have cut the number to less than 100 pending cases from 2007.

That means, Fitial said, that Labor Processing will soon be operating totally under the new labor law.

“It should not take more than a month for applications to be completed by Labor Processing. This will reduce costs for businesses and help foreign workers have stable employment,” he said.

The chief executive said that his administration inherited a backlog of nearly 5,000 cases.

“We finished almost all the cases from 2004 and prior years by March 2007 and we expect to finish all the 2005, 2006, and 2007 cases by June 2008,” he said.

Fitial said when they get that done, the Labor Administrative Hearing Office will be operating totally under the new law.Fitial said they also put up new operating procedures to take advantage of much-improved tools for all of the units at Labor that are provided under the new law.

As for Kaipat's appointment, the governor said that, as author of Public Law 15-108 or the new labor reform law, the former congresswoman spent more than a year in getting it drafted in a way that took into account the input from all parts of the community, including new provisions for foreign workers.

Fitial said Kaipat will be in charge of community outreach to be sure everyone understands the much-improved structure of the local citizen worker-preference and the guest worker program.

The governor commended the people who work at Labor and the management team “for what they have done.”

“We set performance benchmarks, and they stepped up and got the job done,” Fitial added.
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Q & A #1 On PL 15-108

#1. Labor claim by former employee

You state that a former employee asked you to consent to a transfer, you did that, and then the employee filed a claim against you. This was a common problem under the old labor law, and it has been fixed under PL 15-108. Under the old labor law, employees who could not find a transfer employer within the time limit required under the law would simply file a claim against their former employer in order to stay in the Commonwealth and continue looking for a job. My recommendation is that you contest the case being brought by your former employee. You do not need a lawyer. Simply come to the Labor Department on the day that the case is scheduled and bring with you the documentation that you created within your company about this employee's performance.

Under the new law, there are no consensual or expiration transfers. All transfers are now administrative transfers in which the employee must file with the Department a declaration from a prospective employer before the process can go forward. A hearing officer determines within a very short time if it is a legitimate transfer and, if it is not, the employee is sent home. If it is a legitimate transfer, then the new employer is permitted to file the transfer papers. Under the new law, there are several protections for an employer against an employee who makes fraudulent claims.

First, all incoming foreign workers are required to attend an orientation session when they first arrive during which they will learn that there are penalties for making false claims.

Second, under the new law, employees are required to report unresolved disputes to the Labor Department within a very short time. If they do not, the presumption in any subsequent proceeding will be that there were no disputes.

Third, under the new law, the Labor Department offers a mediation service when foreign workers report disputes so that problems can be resolved quickly without the filing of a complaint. This service is free.

Fourth, under the new law, a foreign worker may stay in the Commonwealth for only 15 days after their permit expires unless they get permission from a hearing officer to stay to pursue a claim.

Fifth, The Labor Department has better procedures now (and has cleaned up the case backlog) so cases should be decided quite quickly after they are filed. In most cases, the Department will separate any claim for transfer relief and decide that right away so that the worker either is in legal status (they have found legitimate work) or not. If they are not in legal status, they know that they will be going home at the end of their claim, regardless of outcome.

#2. Medical care for foreign workers

You state that you are concerned about local workers who are not covered by the new medical insurance program for foreign workers. The Labor Department is also concerned about this. The Legislature enacted a medical insurance for foreign workers in what many hope will be a first step toward medical insurance for all workers. The regulations under the new law will be published by the Department of Public Health shortly. If this program works well over the next year, I expect that the Legislature will consider extending it to local employees as well.

#3. Residence status for education purposes

The Board of Education determines eligibility for attendance. I understand that the Board of Education is looking into the problem that you have reported. The Immigration Division is also looking into the problem you identified with respect to student visas. There have been quite a few complaints about this. I expect they will have a report for the Legislature by March.

#4. Illegal work permits

The buying and selling of work permits was a very big problem under the old law, and it was one of the reasons the legislature passed the new labor law. Now the Director of Labor has the needed tools to find illegal sponsorships more readily. Here is what is being done.

First, the labor Department has upgraded the LIIDS computer system. It is now linked with Rev&Tax and with the office that issues business licenses. This will allow all three arms of the Commonwealth government to act more quickly to stop fraud.

Second, the Director of Labor now has scanned images of all documents submitted in support of an application for employment contracts (that support work permits). He can now see more readily whether an employer is just a "front" or a real business. For example, if an employer asks for approval of contracts for 10 foreign workers and never employed a foreign worker before, the Director of Labor can look at that employer's tax records, bank records, and other evidence to see whether the business can afford to pay all the workers whom they have listed on their requests for approval. If the business does not have adequate evidence, then the requests for approval of employment contracts will be denied.

Third, the new law gives Labor Enforcement new powers to inspect businesses to find out if the employees they listed are really working and to inspect records to see if wages are really being paid. In the past, these enforcement efforts were hampered by a court decision that limited the powers of the Labor Department to go into employer premises for these reasons.

The Labor Department encourages citizens and local businesses to report any information about illegal employment practices or problems that hamper business concerns. Please e-mail depsec2@gmail.com with information that the Department should have. And thank you for taking the time to write.

Inaugural Post!

There have been many discussions in the Blogosphere concerning PL 15-108: The Commonwealth Employment Act, and HR 3079, which is now pending in the U.S. Senate. This blog is intended to provide a forum to help educate the public on PL 15-108 and other issues pertaining to CNMI Labor.

If you wish to link to this blog, the link is www.cnmilaborforum.blogspot.com