Another Foreign Company Targeted by the CNMI Department of Labor

January 28, 2014

Another CNMI business was fined $1,000 for failing to meet a 30 percent U.S. citizen workforce requirement. Looks like DOL is out to raise some revenue at the cost of innocent business owners.

Juan Gacayan, owner of JAG Construction was fined $1,000 by DOL.

Yesterday it was reported that KN Corporation, which owns the Sherwood Electronics and Appliances Store was fined $1,000 for failing to meet the 30 percent requirement. The company has five employees who are legal nonresident workers under U.S. immigration law which supersedes CNMI law.

The Saipan Tribune reported:
In Gacayan’s case, the administrative officer said the employer failed to contact Labor’s Citizen Job Placement Section for further referrals of job applicants after a meeting in December 2013. 
 Cody said the employer never posted his available construction and commercial cleaning jobs on Labor’s website in 2013. 
Gacayan stated that in his efforts to find U.S. citizens for the positions held by his “CW” workers, he had placed an advertisement on a local radio station for a total of three days in May 2013. 
Gacayan testified that his petition to hire five full-time CW workers was approved by U.S. Citizenship and Immigration Services.
Does the USCIS require that employers advertise job vacancies on the DOL's website? Doesn't an employer who posts advertisements in a newspaper or on the radio meet the requirements of announcing job vacancies under U.S. law?

The USCIS would not have approved CW permits for the nonresident employees if the employer had not met the requirements.  DOL will undoubtably never stop its harassment of foreign business owners until one of them challenges the law in court.

6 comments:

Anonymous said...

Juan Gacayan is himself a CW so we have CWs employing CWs

Anonymous said...

"The American Recovery and Reinvestment Act of 2009 (ARRA) (Pub.L. 111–5), commonly referred to as the Stimulus or The Recovery Act, was an economic stimulus package enacted by the 111th United States Congress in February 2009 and signed into law on February 17, 2009, by President Barack Obama."

The ARRA mandates hiring US Citizens first. This is the exact thing we need here in the CNMI. Not 30%, we need a 75% rule. The reason why these CWs get hired by guess who, CW owned companies is so they can be exploited by other CWs !

Anonymous said...

I'm all for foreign workers getting green cards. That said, businesses have an obligation to hire US citizens and permanent residents. Period. Everyone else comes after that. These checks should have taken place ten years ago. I'm glad the new labor director is going to pursue violations.

Anonymous said...

2:55 If the employees have CW permits that means that they are legal no matter who their boss is.

6:56 The ARRA did not set quotas. It's long gone. This is today. The 30% rule is not valid and will be challenged in court.

1:51 Businesses have an obligation to uphold laws. Federal laws override local. Businesses have the right to make profits by hiring the best candidate for a job. The new labor director will get her ass kicked in court.

Anonymous said...

3:53PM Edith Deleon Guerrero knows the law. Trust me, Sherwood will win no court case on this.

Anonymous said...

3:53 Edith Deleon Guerrero is enforcing a law that conflicts with US law . The conflicting and unconstitutional CNMI laws WILL be challenged. Stay tuned.