Friday, May 22, 2009

Labor Matters

Proposed changes to Labor rules and regulations in Guam

By Ferdie de la Torre - Saipan Tribune Reporter

Q: Under the Department of Labor's proposed amendments to the employment rules and regulations, who will grant an alien worker's request for extension of time to find a new employer?

A: Under the Labor's current rules and regulations, it is the Labor director's job. But under the Labor's proposed amendments, extensions of time within which to locate an employer may be granted by the Labor Administrative Hearing Office. The administrative hearing office can do so when the application is submitted within 10 days after expiration of the initial period of time within which to locate an employer and assumption of full responsibility by the alien worker for medical and other expenses.

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Q: Under the Labor's proposed amendments, what are the limitations on new hires of alien workers?

A: With respect to on-island hires, the proposed amendments stateS that an employer who has laid off citizens, permanent residents, or foreign national workers shall be barred for a period of 90 days from the effective date of termination from hiring any new foreign national workers to work in the job classifications previously held by the laid-off workers.

On off-island hires, the proposed regulations state that an employer who has laid off citizens, permanent residents, or foreign national workers shall be barred for a period of six months following the effective date of termination from hiring alien workers from off-island to work in the job classifications held by laid-off workers.

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Q: What will happen to the controversial periodic exit requirements for alien workers under the proposed amendments?

A: According to Labor, under the proposed changes the requirements of the periodic exit have been suspended until further publication of regulations. Labor says there is a need for the suspension in order to promote recovery from severely adverse economic conditions; to accommodate the uncertainties with respect to implementation of Public Law 11-0229 (federalization law); to minimize costs imposed on businesses; and to allow Labor to function efficiently under a substantially reduced budget.

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Sen Matt Rector interview with Ray Gibson on increase the fee for hiring H-2 labor for work on Guam

Interview between Ray Gibson and Sen Matt Rector about his substituted Bill 48 which would increase the fee for hiring H-2 labor for work on island. The senator said the bill was amended based on the input received at 3 public hearings. The senator said that the $20,000 fee has been modified to $5,000 for the first year then is increased to $10,000 the second year and then to $20,000 for the third and following years.

He added that he has included the Manpower Development Fund and doubled the contribution to it. The senator said the bill has been reported out of committee for placement on the agenda for the next legislative session. Written by Bob Gaeth

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