Showing posts with label Department of Labor. Show all posts
Showing posts with label Department of Labor. Show all posts

Thursday, February 11, 2010

Guam prepares for increase in construction

Guam prepares for increase in construction

Posted: Feb 07, 2010 12:20 PM
Updated: Feb 07, 2010 2:54 PM

by Michele Catahay

Guam - While Governor Felix Camacho has requested for the Department of Defense to extend the buildup altogether, the Department of Labor and the Guam Contractors Association are working diligently to ensure the workforce is prepared. DOL Director Maria Connelly says while the governor has the desire to extend the buildup past 2014, she says the work will still be there but more time will be given to plan.

"We have been preparing ourselves even prior to the buildup. When I say 'preparing ourselves', it's really engaging and getting the federal officials and the local government officials and all the stakeholders involved because this isn't only the Department of Labor's responsibility, it is all our responsibility," she said.

For the last five years, DOL has been looking at its internal systems and building relationships with federal officials. To prepare for the buildup, Connelly says her agency has been offering annual workshops for employers and bringing in experts from the mainland to provide capacity building and discuss the laws. In addition, she says DOLA has been working with the Department of Education and the Guam Community College when it comes to encouraging individuals to take up apprenticeship programs.

"All those are evolving and as we continue to train our local people at the same time we also continue to make sure the processes are in place for employers to have assisted them with these temporary foreign hires to ensure those are in place," she said.

The Department of Labor is also tasked with working on compliance and accounting for and monitoring activity while workers are here.

In the meantime, Guam Contractors Association President James Martinez says they remain prepared for the buildup even if it happens in 2014. "We'll probably say that a little more time would be helpful but I think we've had ample time on the contractors side to prepare themselves for this buildup. We're already anxious to begin this buildup. I don't know what additional preparation could be put in place as a result of this delay, but I think for the most part, a lot of our contractors have all their ducks lined up, so to speak," he said.

Martinez says the GCA has been partnering with large construction companies from the mainland to help with projects outside the military bases. He said, "They may have the financial backing and the bonding capacity for some of these larger projects, but they're going to depend on our local companies for subcontracting work who have the local expertise who know how to deal with businesses here on Guam. It's a little different than doing business in the states then out in the middle of the Western Pacific, we have some logistical issues with shipping."

Martinez says the GCA offers safety trainings to prepare contractors for the massive buildup. In the meantime, he says he hopes construction work will continue beyond 2014.

Wednesday, February 10, 2010

DOL cites rampant labor abuses on Guam

DOL cites rampant labor abuses on Guam

Wednesday, 03 February 2010 01:55
by Jennifer Naylor Gesick | Variety News Staff

GUAM Department of Labor receives an average of 500 labor complaints a year, but many of the foreign workers seem unaware of their rights under the law, according to department director Maria Connelley.

Many of the foreign workers abandon their posts after filing a complaint with the department. “For whatever reason, when H2B workers come to us they fear to go back to work, so it is our responsibility to let H2 workers know that they have the same benefits and privileges of other U.S. workers," Connelley said.

Complaints include employers allegedly nonpayment of wages, withholding overtime pay and discrimination, but the percentage of cases resolution is not available as of press time.

Labor advocates warn of a possible increase in the number of labor abuse cases with the influx of H2 workers who will come to Guam for jobs related to military buildup.

To curb incidents of labor abuses, Connelley said the labor department offers educational classes to employers.

"At least once a year,” Connelley said, “we have a summit or a conference for all the employers with H2B (workers), and we bring in different administrators and speakers to address the local law and federal law,” the labor chief said in an interview with Variety after her presentation before the Rotary Club of Northern Guam at the Hyatt Regency Guam on Monday.

"We will continue to offer those courses, so that employers will continue to understand their obligation and requirement,” Connelley said.

Recently, five H2 workers from the Philippines filed a complaint against their employer, Prime Pacific Builders, alleging they have never been paid since they came to Guam in November.

“We told those five people to return to work, and we need to continue to emphasize that these foreign hires were brought here as guests,” Connelley said.

“When they didn’t return to work, the employer had the responsibility to report to the DOL. When these employees did not return to work, they have become illegal and they have to return home," she said.

When the employees came to the labor department, Connelley said she subpoenaed the employer and asked for the employees’ records.

“We were working with the employer to make it a win-win situation. However they didn’t return to work and then it became a separate issue from the wage and hour issue and it becomes an immigration issue," she explained.

The five workers, Ysrael Espinosa, Jhaniel Perez, Alejo Ongotan, Ernesto Maglaque and Benedicto Calaguas, Jr. paid their own way to come to Guam. They each paid between $1,500 and $2,000 for labor processing and plane tickets.

Their H2 visas were good until l October.

Connelley said the labor department is now investigating the workers’ employer, Noel Calaguas.

"It means that if these employers continue to violate or commit an infraction and in the future they submit a request to bring in temporary workers we may not endorse their request because they need to take care of their workers while they are there," the labor director said.

Wednesday, February 03, 2010

Connelley backs prorated labor fee

Connelley backs prorated labor fee

Tuesday, 02 February 2010 00:15
by Jennifer Naylor Gesick | Variety News Staff

LABOR director Maria Connelley said yesterday she fully supports Sen. Rory Respicio’s bill proposing to prorate the H2 worker fees based on the length of validity of their working visa.

“When I came on board about five and a half years ago we were prorating it and then about two years ago something came up and we got an opinion from the attorney general saying that we shouldn’t be prorating it,” said Connelley.

“The Guam Contractors Association and a lot of employers we are working with have been asking for the same thing, so that is certainly under consideration,” she added.

Connelley believes the prorating of the fees will address the employers’ concerns.

The current fee charged by the Guam Department of Labor is $1,091 per year regardless of the worker’s length of stay with the company.

The fee was amended in December with the passage of Public Law 30-64, which raises the alien registration fee by $91. The additional fee goes to the Department of Public Health and Social Services for recruitment of additional health sanitation specialists who will be tasked to inspect workers housing quarters for health and safety standards.

The $1,000 base fee goes to the Department of Labor’s manpower Development Fund.

Respicio said he will ensure that his bill does not trump the existing law.

Bill 313 maintains the yearly fee of $1,091 but prorates the fee to $84 per month if a worker is here for less than a year or a little over a year.

“I can understand if you’re an employer and you have to bring in so many H2 workers. I can relate to them. Paying $1,000 is quite an increase from the $200 in the past,” Connelley said.

The prorated fee would be tied to the workers visa "so it won't be complicated or cumbersome to implement,” Respicio said in an earlier interview. "I am doing this because it is only fair."

The senator noted that during the construction of a project, different phases require different types of workers. “You wouldn't hire a mason to be there the entire time," Respicio said.

The number of workers expected to come to Guam for projects related to the military buildup varies from 17,000 to 25,000.

Monday, December 21, 2009

PNC :: Guam's Unemployement Jumps to 9.3%

PNC :: Guam's Unemployement Jumps to 9.3%

Friday, 18 December 2009

Guam -Despite the impending military buildup, the unemployment rate on Guam rose to 9.3% in September of this year. Read the Report

That's up a full percentage point from 2007, which was the last time the unemployment figure was released.

Read the Department of Labor's Release

The unemployment rate has been climbing steadily in recent years. From 7.4% in 2006 to 8.3% in 2007 and now 9.3%.

The figures were released Friday by the Guam Department of Labor. 9.3% translates into 6,500 island residents without full time jobs.

However, while the jobless rate increased, the labor report also shows that the number of employed persons has also increased.

Over the latest 3 years Guam has added an additional 2,550 jobs.

Written by : Kevin Kerrigan

Friday, December 04, 2009

Guam exempt from H-2B cap

Guam exempt from H-2B cap

By Amritha Alladi • Pacific Daily News • December 4, 2009

Guam is now exempt from the national annual cap on the hiring of foreign workers under H-2B visas, the Guam Department of Labor announced yesterday.

However, local program filing requirements and procedures remain the same, the release stated.

Guam's exemption from the visa limit was allowed under the law that phased in U.S. immigration law in the Northern Marianas. The federal law went into effect on Nov. 28.

The same law allows Guam employers to apply -- with the Guam Department of Labor -- for a Temporary Labor Certification and authorization to import H-2B workers, said Greg Massey, Guam Labor's Alien Labor Processing and Certification Division administrator. The approval comes from the U.S. Department of Homeland Security.

Massey said the exemption from the national cap is a "good thing," because it gives employers on Guam the opportunity to file applications on a needs basis rather than trying to "jump through a window to get in the cap," he said.

Prior to Guam's exemption, applications had to be filed prior to the October and April cap openings to be considered for approval by the U.S. Department of Homeland Security. Massey said that each year about 66,000 foreign workers enter the country each year under the H-2B visas.

The new legislation was enacted to give employers the ability to temporarily meet increased manpower needs that will come as Guam ramps up for the military buildup, the release stated.

But Massey said the program's procedures and requirements have not changed.

"Does that mean people can, wholesale, just bring (H-2B workers) in? No. We still regulate how many they're allowed to bring in, and it's based on what that project amounts are and some other factors," Massey said.

There are some safeguards in place to ensure that employers hire local workers first, he said.

Before employers file an application, they have to put out an advertisement and make efforts to recruit locally before applying to the department to hire foreign labor, he said.

Once they've filed an application with the department, there are a series of advertisements they have to place, and the department places the job in the Guam online job bank. After a 30-day period, if there are still openings left, the department issues a labor certification allowing the employer to bring in the H-2B workers to fill in the remaining positions, Massey said.

"All the protections are still in place," Massey said. "It's the same protections that have been in place for the last 15 to 20 years."