Variety was unavailable to get a comment from Labor yesterday.
Myers said Labor told him his clients have no “status” because their case is already “done.”
His clients, he added, have status in the CNMI because the Supreme Court ruled that those with pending labor cases have the right to stay here.
The 40 former Rifu Apparel workers have maintained their status although they have no permits from Labor or the Division of Immigration, he said.
These workers are still waiting for their unpaid wages.
Bonding company Royal Crown failed to file a timely appeal with the CNMI Superior Court, Myers said
“Why is it that Labor will allow a waiver for those on the overstayers list (and those with no cases or claims pending) but not for those whose names shouldn’t even be on that list and who have claims or cases pending?” Myers asked.
He said he filed an order in aid of judgment with Labor to enforce and collect the unpaid wages because “they were now final, unreviewable both administratively and judicially.”
But, he added, Labor ignored the order and Royal Crown filed a complaint in federal court against the department.
“Presumably, Labor thinks the Rifu case is done and that way the Rifu employees have no status and will be sent home despite having unpaid wages awards,” he said.
Accoring to Myers, Labor legal counsel Eli D. Golob said his Rifu clients can still get an umbrella permit if they can provide an order from the court.
But Myers said the umbrella permit is only a policy and not a law.
Labor doesn’t have the authority to ask a court order and former garment workers are entitled to get an umbrella permit, he said.
Myers said he was told by Labor that it will use funds from its trust fund to “voluntarily” repatriate his Rifu clients.
Labor should use the money to pay the workers’ unpaid wages first, he added.
