Labor refers guest worker to US immigration

Ronaldo E. Demeterio filed a labor complaint, but he “was not diligent in asserting his claims,” Labor administrative hearing officer Barry Hirshbein, said.

Hirshbein said Demeterio has no transitional conditional permit and is denied transfer to a new employer.

He said Demeterio failed to exercise reasonable diligence in either discovering his rights or his responsibilities under  CNMI labor laws.

Demeterio filed his labor complaint on Feb. 11, 2010 almost four months after Rick Northen, his employer, left the CNMI.

Demeterio began working for Northen in 2001 and his permit expired on Feb. 7, 2003.

Demeterio submitted his application for renewal five days after his permit expired.

On Jan. 13, 2004, Labor denied his renewal but Demeterio continued to work without a permit until October when Northen left the CNMI.

”Employee testified that he knew that a permit was required but he did not make any effort to find out why he did not receive any permit for six years,” Hirshbein said.

Demeterio filed a complaint, claiming that Northen failed to pay him his salary for many years.

Hirshbein said there were numerous violations and failure to comply with CNMI labor laws committed by Demeterio and Northen.

Hirshbein ordered Northen to pay a fine of $1,000.

Northen was also barred for two years from employing or utilizing any foreign workers under CNMI labor laws.

Hirshbein said Demeterio and Northen violated the law because they did not have an approved employment contract.

“Under the circumstances of this case, neither law nor equity supports an award of unpaid wages,” Hirshbein said.

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