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By
Haidee V. Eugenio
Variety Assistant Editor
ANOTHER employer has abandoned
a worker.
Labor Hearing Officer Jerry Cody said Sharlene Cepeda, owner and operator
of PJs Market in Kagman as of July 2006, moved to the U.S. without
making arrangements to cancel the contract of or transfer her worker,
Emily N. Taguibao.
Cody, in a four-page administrative order dated March 26, awarded Taguibao
a total of $8,296 for unpaid wages and liquidated damages.
The hearing officer also sanctioned Cepeda $500 for serious labor
law violations and permanently disqualified (her) from employing nonresident
workers in the commonwealth.
If Cepeda fails to pay the award in a timely manner, Cody said the director
of the Division of Labor is requested to notify the bonding company, Royal
Crown Insurance Corp., to either pay the wage proceeds of the particular
labor bond or file an objection stating its defense to a claim made for
wage proceeds of the bond.
Cepeda filed a permit expiration transfer application to hire Taguibao
as a commercial cleaner on July 6, 2006.
On that same day, the Division of Labor approved a conditional grant of
transfer for this employment. The conditional grant, once approved, obligated
the employer to begin employing complainant immediately. However, Cepeda
told Taguibao to wait until her permit was issued before starting work.
Cepeda departed the CNMI on Aug. 16, 2006, and has not returned since
that time, based on a Border Management System report.
Cody said Cepeda failed to notify Labor or Taguibao that she was departing
the CNMI and relocating to the U.S. mainland.
On Feb. 14, Labor issued its determination which concluded that Cepeda
had breached the contract and violated the Nonresident Workers Act by
abandoning her worker without advance notice, by failing to notify the
Division of Labor that she was leaving the CNMI and transferring her business
operations, and failing to make arrangements for the proper transfer of
Taguibao to a new employer.
Cody also granted Taguibaos request for transfer relief. Cody gave
the complainant 45 days or up to May 10, 2007 to find a transfer employer.
In recent months, many employers have abandoned workers (also owed wages)
and committed other labor violations.
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