Local
Wednesday, March 18, 2009

FOR FAILING TO KEEP RECORDS
Labor bars corp. from hiring foreign workers

By Ferdie de la Torre
Reporter

The Department of Labor has ordered the permanent disqualification of a corporation from hiring alien workers for not keeping records of hours and wages and unlawfully charging fees from its masseuse.

Labor hearing officer Herbert D. Soll said that Yan Li Corp. and its general manager, Luan Lifen, are permanently barred from employing nonresident workers in the CNMI.

“No reconsideration of this sanction should be entertained until a substantial satisfaction of the award is made,” Soll said.

Yan Li Corp. and Lifen were found jointly liable to pay masseuse Li Min $4,094.40 in unpaid wages and unlawfully charged fees.

The hearing officer authorized Min to seek recovery from the bonding company if Yan Li Corp. and Lifen do not pay the award.

Soll did not issue a transfer order since Min already has an immediate relative status after marrying James Macklin, a U.S. citizen.

“In weighing the evidence presented, I conclude that [Min] was truthful and convincing in her testimony,” Soll said.

According to Labor records, Min was a nonresident worker when she filed a Labor complaint against Yan Li Corp. and Lifen.

Min worked in the garment industry for a period of years. She then transferred to the employment of Yan Li Corp. in April 2007. She was to work as a masseuse in Yan Li Corp.'s beauty parlor.

The corporation's business was entirely operated and controlled by Luan Lifen. The corporation exists as an entity in the Commonwealth, but it does not appear that any of the designated officers participate in the decision-making or in the operation or its activities.

Neither the corporation or its general manager, Lifen, kept required records of hours and wages for the work performed by Min.

In contrast, Min kept a reasonable account of the time that she worked and the money that she received.

Soll said that Min's account of the dates and hours worked supports a finding of wages owed in the net amount of $2,894.40.

Min testified that she was asked to pay $1,200 in order to have her application processed in 2007.

Soll said he finds the complainant's testimony with respect to the application fee correct and that the respondents must reimburse her for that amount in addition to wages owed