Vol. 35 No.156
       ©2007 Marianas Variety
Friday, October 19, 2007 www.mvariety.com
Serving the CNMI for 35 years
 

© 2007 Marianas Variety
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Employer banned from hiring foreign workers for a year

By Gemma Q. Casas
Variety News Staff

AN employer who failed to pay her domestic helper for more than two months has been banned form hiring foreign workers for a year.
Department of Labor Hearing Officer Barry Hirshbein also ordered Sharee Diaz to settle her balance of $515 with Rosa R. Evangelista.
Evangelista filed a complaint with Labor, claiming she was not paid her wages for two months and three weeks.
Diaz hired Evangelista to work as a domestic helper for $300 a month.
Evangelista said she is owed $825 in all but was paid only $310.
In an administrative order, Hirshbein ordered Diaz to pay Evangelista the balance of her salary. But he said Evangelista is not entitled to be awarded liquidated damages for there was no contract of employment approved between them.
“There was no employment contract in this case. Complainant (Evangelista) violated provisions of the Non-Resident Worker Act. As a sanction in this case, complainant will not be awarded liquidated damages,” said Hirshbein.
He also imposed a $100 fine on Evangelista, which is to be paid in four installments.
He ordered her to find an employer within a 10-day period, from Oct. 12. Otherwise, she must leave the commonwealth.
Diaz was also fined $100, which is to be paid on or before Nov. 1, 2007.
“Respondent Sharee Diaz is barred for a period of one year from employing nonresident workers in the CNMI,” ordered Hirshbein.
Both parties have 15 days from Oct. 12 to appeal Hirshbein’s decision to the secretary of Labor.
If no appeal is filed within that period, Hirshbein’s order can no longer be reviewed administratively or judicially.