THE CNMI Department of Labor emphasizes the critical importance of adhering to Workforce Preference laws during any Reduction in Force or RIF or layoff processes. Employers are legally obligated to prioritize the retention of U.S. citizens, CNMI permanent residents, and U.S. permanent residents over non-preferred workers when making layoff decisions.
Mandatory compliance with workforce preference regulations
Under CNMI labor regulations, specifically § 80-20.1-240, employers must ensure that qualified local workers are given precedence in employment decisions, including during layoffs. This mandate is designed to protect the local workforce and promote economic stability within the Commonwealth. Employers are required to maintain and submit accurate workforce lists quarterly, detailing the number and classification of employees, to facilitate compliance monitoring.
Consequences of non-compliance
Failure to comply with workforce preference laws may result in significant penalties, including:
• Revocation of labor certifications
• Ineligibility for future foreign labor certifications
• Potential legal action and fines
Employers must also provide a 60-day advance notice to CNMI DOL prior to implementing any RIF, as stipulated in Public Law 15-108.
Support and resources available
CNMI DOL offers guidance and support to employers to ensure compliance with labor laws. Resources include assistance with workforce planning, understanding legal obligations, and accessing training programs for employees. Employers are encouraged to engage with CNMI DOL proactively to navigate workforce adjustments responsibly.
CNMI Labor remains committed to supporting both employers and employees in fostering a stable and compliant workforce environment. For questions about compliance, contact the Division of Enforcement at (670) 233-3196 or email (jpkiyoshi@dol.gov.mp).
