B&J Corp., through its president Kwon Moon Hee, who operates the Samcheonggak Korean Restaurant on Middle Road, was ordered to pay $750 on March 16.
Labor Hearing Officer Jerry Cody said B&J management employed nonresidents workers whose permits had already expired.
Jessica C. Yap and Xiangshun Cui were employed as waitresses by B&J but their working permits expired on Jan. 22 and Jan. 9, 2009 respectively.
Cody said B&J attempted to change the ownership of its restaurant under a new entity, D&J Corp.
B&J didn’t renew the permits of Yap and Cui since there was a plan for them to transfer to the new owner.
Yap and Cui registered with the Division of Employment Services and Training and submitted employer intent forms signed by D&J, and received notices of hearing and objection to their proposed employment.
Jin Shunyu, who worked for a different employer, also registered and submitted an employer intent form signed by D&J.
However, during a consolidated objection hearing on March 11, Cody said Yap and Cui admitted that they continued to work as waitresses at B&J‘s restaurant even after their permits had expired.
Jin Shunyu, for her part, admitted that she had been working at the restaurant several weeks before the hearing of her petition.
“Such employment was carried out without permit or authorization from the [labor] director in violation of CNMI labor law,” Cody said.
The proposed change of ownership never materialized, he said, and B&J now wants to continue operating the restaurant and renew the work permits of Yap and Cui.
Labor Director Barry Hirshbein didn’t oppose the request provided the restaurant operator pay a fine of $750 for its unlawful conduct.
Labor allowed Yap and Cui to resume working for B&J if the management will file their renewal application.
Jin Shunyu is granted another opportunity to transfer but she cannot begin working until a conditional grant of transfer is approved by Labor.
