Letters to the Editor
Wednesday, June 09, 2010
Correction in report about new labor regs
I write to correct the errors in the report in the Saipan Tribune about Labor's revised regulations under PL 17-1. This report suggested that there were certain new provisions in the regulations when, in fact, the provisions remain the same as in prior regulations. For example:
Registration. There is nothing new about alien registration in the Commonwealth. Annual registration has been required since the first alien workers came to the Commonwealth in the mid-1980s. The new regulations only shift this responsibility from the old Immigration Division to the Labor Department because the Attorney General has deleted the old immigration regulations under which annual registration was accomplished. The procedural registration provisions remain the same; the office implementing them has changed.
Fees. There is nothing new about Labor fees. If you compare the new fee schedule to the old fee schedule, you will see fees cited in the article have not changed. What has changed is a provision that any employer who pays a federal fee does not have to pay a Commonwealth fee. There is no duplication of fees. Your report did not include that fact. In addition, the moratorium exemption fee has been deleted, as the moratorium is now gone.
Workforce Participation. Your report contains a serious factual error with respect to workforce participation. Your article said: “It [the new regulation] said the number of citizens, U.S. permanent residents or CNMI permanent residents or their immediate relatives shall equal or exceed the number of foreign workers in the private sector workforce unless attainment of this goal is not feasible within the current calendar year after all reasonable efforts have been made by the employer.” That is not correct.
The regulations provide that: “In the workforce of any employer, the percentage of citizens, U.S. permanent residents, and CNMI permanent residents and the immediate relatives of citizens, U.S. permanent residents, and CNMI permanent residents (“status-qualified participants”) employed shall equal or exceed the percentage of status-qualified participants in the private-sector workforce unless attainment of this goal is not feasible within the current calendar year after all reasonable efforts have been made by the employer.”
What this means is that if citizens, U.S. permanent residents, CNMI permanent residents, and their immediate relatives comprise 40 percent of the private-sector workforce, then the benchmark for every private-sector employer is 40 percent. The private-sector workforce is comprised of persons who are employed and persons who are seeking employment. We use the same definitions as the U.S. Department of Labor.
Reporting Requirements. There has been no change in the reporting requirements. The reports required in the new regulations are the same reports as have been required in prior regulations.
Workforce Plan. Only technical changes have been made in the workforce plan requirements to conform to the provisions of PL 17-1. For example, PL 17-1 deleted classifications for jobs, so the references to those classifications in the workforce plan requirements were also deleted. A workforce plan requirement has been in Commonwealth law for a long time.
Jacinta M. Kaipat
Deputy Secretary of Labor
Tuesday, June 8, 2010
Sunday, June 6, 2010
Monday, June 07, 2010
Local
Monday, June 07, 2010
New labor rules now in effect
Alien registration, floating benchmarks, new fees
By Haidee V. Eugenio
Reporter
The CNMI Department of Labor's amended employment regulations came into effect on June 1, requiring aliens to register every year, establishing fees of up to $300, and reorganizing the department.
The final rules also change the 20-percent local hiring requirement into a floating benchmark, incorporate changes contained in Public Law 17-1, and require employers to submit a workforce plan that include a timetable for replacing aliens with qualified citizens.
The 65-page CNMI Employment Rules and Regulations were published in the May 21, 2010, Commonwealth Register, which was distributed on Friday.
Under the newly amended regulations, every alien who remains in the CNMI longer than 90 days shall be required to register annually and to comply with an ID system.
Failure to comply with the alien registration and ID system shall result in a misdemeanor and upon conviction, shall be punished by jail for up to 90 days, or a fine of up to $500, or both.
The parents or legal guardians of aliens under 18 years old are responsible for the child's registration.
The CNMI Department of Labor will be conducting the registration for all classes of aliens.
“Registered aliens will be issued an identification card, which will contain the name of the alien, the LIDS number, such identifying information as the secretary may require, and the expiration date of the card,” the regulations partly read.
Labor Secretary Gil M. San Nicolas, in a public notice of certification and adoption of the labor rules, said the department “received no comments stating reasons against its adoption.”
Labor incorporated seven changes to the final rules, mostly technical changes that the department said were “non-material.”
San Nicolas said they received one comment that pointed out the problem of a lack of regulations from the Department of Public Health secretary so that the department could put into operation the insurance pool provided in P.L. 15-108.
“That commenter also requested additional language about deductions for co-pay and insurance premiums. A clarification was added for co-pay but insurance premiums may require a case-by-case analysis as to the cap on deductions,” San Nicolas said.
He added that Labor circulated the proposed regulations extensively before publication and adopted the informal oral comments it received in the proposed regulations that were published in the April 19 Commonwealth Register.
Labor gave the public 30 days from April 19 to comment on the proposed regulations.
“These regulations are effective on June 1, 2010 and shall not apply retroactively to applications filed or proceedings in the Administrative Hearing Office that were pending before that date,” the final rules stated.
The amended rules include implementing the changes in definitions provided in P.L. 17-1 or the omnibus immigration bill that asserts CNMI control over nonresident workers, and removes all references to immigration and deportation from the Commonwealth Code to conform with the federalization law that became effective on Nov. 28, 2009.
Labor said umbrella permits may be revoked by order of a hearing officer for failure to comply with Commonwealth law or regulations, failure to appear at a hearing, or conviction of a felony or more than one misdemeanor, among other reasons.
The regulations also reiterate job preference for qualified citizens, CNMI permanent residents and U.S. permanent residents in the private sector.
It said the number of citizens, U.S. permanent residents or CNMI permanent residents or their immediate relatives shall equal or exceed the number of foreign workers in the private sector workforce unless attainment of this goal is not feasible within the current calendar year after all reasonable efforts have been made by the employer.
Reporting requirements
Employers of foreign nationals are required to keep six sets of information for at least two years, and present these upon written request by the Labor secretary or his designee.
These include personnel and payroll records for each foreign national, receipts for cash payments, documentation for each foreign worker, the employer's business license and security contract information with respect to each foreign national worker, and the number and type of employment-related accidents or illnesses involving workers and adequate identification of each worker involved.
Employers are also required to provide Labor with a workforce plan that aims to increase the percentage of U.S. citizens, U.S. permanent residents, and CNMI permanent residents and their immediate relatives in the workforce of the employer.
A workforce plan shall also identify specific positions currently occupied by nonimmigrant aliens.
It shall also include a timetable for accomplishing the replacement of nonimmigrant aliens with qualified citizens, CNMI permanent residents, and U.S. permanent residents until the workforce participation objective is met.
Fees
The Department of Labor is now implementing at least 22 fees ranging from $5 to $300.
However, posting a job vacancy announcement, registration to transfer, attendance at orientation, filing of workforce plan, and mediation of labor disputes, are free of charge.
Labor imposes a $300 fee for an application for an approved contract, including initial, transfer and renewal. But there will be no fee if a federal fee has been paid.
There's also a $250 fee for an application for an approved contract for non-business employers. Again, there will be no fee if a federal fee has been paid.
The other fees range from $5 to $150.
These include:
- $150 for processing a temporary work authorization;
- $150 for expedited processing, in addition to the fee;
- $100 for request for certificate of good standing;
- $50 for replacement or duplicate permit;
- $50 for request for extension of transfer;
- $35 a month for contract extensions of up to six months;
- $25 for contract amendment or change;
- $25 for annual registration;
- $20 per person for filing a complaint with the Hearing Office; and
$5 as penalty for untimely renewal.
Local
Monday, June 07, 2010
New labor rules now in effect
Alien registration, floating benchmarks, new fees
By Haidee V. Eugenio
Reporter
The CNMI Department of Labor's amended employment regulations came into effect on June 1, requiring aliens to register every year, establishing fees of up to $300, and reorganizing the department.
The final rules also change the 20-percent local hiring requirement into a floating benchmark, incorporate changes contained in Public Law 17-1, and require employers to submit a workforce plan that include a timetable for replacing aliens with qualified citizens.
The 65-page CNMI Employment Rules and Regulations were published in the May 21, 2010, Commonwealth Register, which was distributed on Friday.
Under the newly amended regulations, every alien who remains in the CNMI longer than 90 days shall be required to register annually and to comply with an ID system.
Failure to comply with the alien registration and ID system shall result in a misdemeanor and upon conviction, shall be punished by jail for up to 90 days, or a fine of up to $500, or both.
The parents or legal guardians of aliens under 18 years old are responsible for the child's registration.
The CNMI Department of Labor will be conducting the registration for all classes of aliens.
“Registered aliens will be issued an identification card, which will contain the name of the alien, the LIDS number, such identifying information as the secretary may require, and the expiration date of the card,” the regulations partly read.
Labor Secretary Gil M. San Nicolas, in a public notice of certification and adoption of the labor rules, said the department “received no comments stating reasons against its adoption.”
Labor incorporated seven changes to the final rules, mostly technical changes that the department said were “non-material.”
San Nicolas said they received one comment that pointed out the problem of a lack of regulations from the Department of Public Health secretary so that the department could put into operation the insurance pool provided in P.L. 15-108.
“That commenter also requested additional language about deductions for co-pay and insurance premiums. A clarification was added for co-pay but insurance premiums may require a case-by-case analysis as to the cap on deductions,” San Nicolas said.
He added that Labor circulated the proposed regulations extensively before publication and adopted the informal oral comments it received in the proposed regulations that were published in the April 19 Commonwealth Register.
Labor gave the public 30 days from April 19 to comment on the proposed regulations.
“These regulations are effective on June 1, 2010 and shall not apply retroactively to applications filed or proceedings in the Administrative Hearing Office that were pending before that date,” the final rules stated.
The amended rules include implementing the changes in definitions provided in P.L. 17-1 or the omnibus immigration bill that asserts CNMI control over nonresident workers, and removes all references to immigration and deportation from the Commonwealth Code to conform with the federalization law that became effective on Nov. 28, 2009.
Labor said umbrella permits may be revoked by order of a hearing officer for failure to comply with Commonwealth law or regulations, failure to appear at a hearing, or conviction of a felony or more than one misdemeanor, among other reasons.
The regulations also reiterate job preference for qualified citizens, CNMI permanent residents and U.S. permanent residents in the private sector.
It said the number of citizens, U.S. permanent residents or CNMI permanent residents or their immediate relatives shall equal or exceed the number of foreign workers in the private sector workforce unless attainment of this goal is not feasible within the current calendar year after all reasonable efforts have been made by the employer.
Reporting requirements
Employers of foreign nationals are required to keep six sets of information for at least two years, and present these upon written request by the Labor secretary or his designee.
These include personnel and payroll records for each foreign national, receipts for cash payments, documentation for each foreign worker, the employer's business license and security contract information with respect to each foreign national worker, and the number and type of employment-related accidents or illnesses involving workers and adequate identification of each worker involved.
Employers are also required to provide Labor with a workforce plan that aims to increase the percentage of U.S. citizens, U.S. permanent residents, and CNMI permanent residents and their immediate relatives in the workforce of the employer.
A workforce plan shall also identify specific positions currently occupied by nonimmigrant aliens.
It shall also include a timetable for accomplishing the replacement of nonimmigrant aliens with qualified citizens, CNMI permanent residents, and U.S. permanent residents until the workforce participation objective is met.
Fees
The Department of Labor is now implementing at least 22 fees ranging from $5 to $300.
However, posting a job vacancy announcement, registration to transfer, attendance at orientation, filing of workforce plan, and mediation of labor disputes, are free of charge.
Labor imposes a $300 fee for an application for an approved contract, including initial, transfer and renewal. But there will be no fee if a federal fee has been paid.
There's also a $250 fee for an application for an approved contract for non-business employers. Again, there will be no fee if a federal fee has been paid.
The other fees range from $5 to $150.
These include:
- $150 for processing a temporary work authorization;
- $150 for expedited processing, in addition to the fee;
- $100 for request for certificate of good standing;
- $50 for replacement or duplicate permit;
- $50 for request for extension of transfer;
- $35 a month for contract extensions of up to six months;
- $25 for contract amendment or change;
- $25 for annual registration;
- $20 per person for filing a complaint with the Hearing Office; and
$5 as penalty for untimely renewal.
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