Labor’s Division of Administrative Hearings ordered Frankie R. Tenorio to pay Marciano Manzano $10,273.60 on or before Nov. 15.
The amount represents the unpaid regular and overtime wages of $5,136.80 from Nov. 1, 2006 to June 12, 2007.
But because liquidated damages in an equal amount apply pursuant to 3 CMC 4447 (d), Manzano will be awarded double of the amount, the administrative order said.
Hearing Officer Herbert D. Soll also ordered Tenorio disqualified from employing or in any way using, non-resident workers in the commonwealth for two years from the date of his order.
He said there’s a “serious violation” established in the case against Tenorio.
Manzano, Soll said, is eligible for transfer and should register with the Division of Employment Services and Training within seven days of the issuance of the order.
Soll said Manzano must find a transfer employer within 30 days of the date of service of the order and must follow the legal procedure.
Labor’s investigation showed that Manzano has been a long-time employee in Tenorio’s water sports business.
“Their relationship became casual as they worked together over a period of years,” Soll noted.
It became so casual, Soll added, that Tenorio moved to Guam and delegated to Manzano his business on Saipan.
However, the business has suffered during a large part of the year and Tenorio paid Manzano with “small payments far below the contractual and legally enforceable amount,” Soll said.
By March 2007, Tenorio was indebted to Manzano for thousands of dollars but the businessman agreed to file a renewal for another year’s employment with a promise to pay the worker of his unpaid wages, Soll said.
He added that an attempt to pay was initially made, but payments soon halted and the amount remaining is substantial.
The attempt at failing a new contract from 2007 to 2008 was denied by Labor, but it was not until the end of 2007 that Manzano filed his complaint.
“He wants anticipated wages for that period,” Soll said.
He added that Manzano should have realized that his employment had come to an end and that the attempt to renew the contract had failed.
He said the worker will not be awarded compensatory wages from June 13, 2007 to March 1, 2008 but Labor found that Manzano was credible and accurate in his testimony on unpaid wages.
