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By Haidee V.
Eugenio
Variety Assistant Editor
THE Department of Labor has
disqualified an employer from hiring nonresident workers for two years
for employing a salesperson without authorization from Labor, for failing
to keep payroll or time records for the employee, and for the submission
of fraudulent tax documents.
Labor Hearing Officer Jerry Cody, in an April 17 administrative order,
said portions of employer Henry A. Tagas testimony during an April
4 hearing were troubling, including the display of almost a total
lack of knowledge of CNMI laws and regulations related to employing nonresident
workers in the commonwealth.
On June 27, 2006, Taga filed a timely permit to employ Zhang, Qi Sen as
a salesperson to sell farm produce from Tagas farm.
On Feb. 21, Labor denied the application based on its finding that the
employer lacked the financial capability to ensure the employees
payroll and welfare.
At the April 4 hearing, Taga attempted to prove his financial capability
to hire Zhang by establishing that he had compensated the worker for the
past several months of employment.
The labor hearing officer said the employer admitted that he does not
keep time records or payroll records for this employee, yet he produced
tax records that purported to show exact payments to this employee down
to the penny.
Taga also admitted that he had employed Zhang for the past three months
even though he never submitted a conditional grant of transfer to the
director of Labor for approval.
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