Many of the foreign workers abandon their posts after filing a complaint with the department.
“For whatever reason, when H2B workers come to us they fear to go back to work, so it is our responsibility to let H2 workers know that they have the same benefits and privileges of other U.S. workers,” Connelley said.
Complaints include nonpayment of wages, withholding overtime pay and discrimination, but the percentage of cases resolution was not available as of press time.
Labor advocates warn of a possible increase in the number of labor abuse cases with the influx of H2 workers who will come to Guam for jobs related to military buildup.
To curb incidents of labor abuses, Connelley said her department offers educational classes to employers.
“At least once a year,” Connelley said, “we have a summit or a conference for all the employers with H2B (workers), and we bring in different administrators and speakers to address the local law and federal law.”
“We will continue to offer those courses, so that employers will continue to understand their obligation and requirement,” Connelley said.
Recently, five H2 workers from the Philippines filed a complaint against their employer, Prime Pacific Builders, stating that they have never been paid since they came to Guam in November.
“We told those five people to return to work, and we need to continue to emphasize that these foreign hires were brought here as guests,” Connelley said.
“When they didn’t return to work, the employer had the responsibility to report to the DOL. When these employees did not return to work, they have become illegal and they have to return home,” she said.
When the employees came to the department, Connelley said she subpoenaed the employer and asked for the employees’ records.
“We were working with the employer to make it a win-win situation. However, they didn’t return to work and then it became a separate issue from the wage and hour issue and it becomes an immigration issue,” she explained.
The five workers paid between $1,500 and $2,000 for labor processing and plane tickets.
Their H2 visas were good until October.
Connelley said they are now investigating the employer, Noel Calaguas.
