The Department may conduct investigations as necessary and appropriate to enforce the provisions of the Commonwealth Employment Act of 2007, as amended, and this subchapter to ensure lawful employment arrangements, payment of wages and overtime, working condition, employer-supplied benefits, and health and safety for employees. Pursuant to appropriate inter-agency arrangements, the Department may investigate related business license, tax, insurance, and other matters that intersect with its responsibilities for labor enforcement. In conducting these investigations, the Department’s investigator shall have all of the powers delegated and described with respect to inspections and investigations pursuant to Part 400 of these regulations and the powers to inspect any records that an employer is required to keep, to make copies of records, and to interview employees.

If upon inspection a violation is found of any provision of the Commonwealth Employment Act of 2007, as amended, the Minimum Wage and Hour Act, as amended, or the Department regulations promulgated pursuant to Commonwealth law, the investigator may, within thirty days.

(a) Warning
Issue a warning to the responsible party to correct the violation. If the responsible party does not comply within ten days and correct the violation, the Chief of the Enforcement Section may issue a notice of violation.

(b) Notice of violation
Issue a notice of violation to the responsible party. Upon issuance of a notice of violation, an action is opened at the Administrative Hearing Office with the Chief of the Enforcement Section as the complainant.

Potential Violations Under the NMI Administrative Code:

NMIAC §80 – 20.1-210: Failure to meet CNMI Workforce Objective (30%)
NMIAC §80 – 20.1-230: Failure to register
NMIAC §80 – 20.1-225 (A): Failure to post JVA
NMIAC §80 – 20.1-235 (F): Failure to meet good faith requirement
NMIAC §80 – 20.1-235 (G): Improper reductions in force
NMIAC §80 – 20.1-240: Failure to keep required records
NMIAC §80 – 20.1-40: Violations of the Safe Workplace Conditions
NMIAC §80 – 20.1-225 (A): Failure to submit Quarterly Compliance Documents
NMIAC §80 – 20.1-245: Violation of the Resident Worker Fair Compensation Act

For more information about NMIAC §80 – 20.1:
https://cnmilaw.org/pdf/admincode/T80/T80-20.1.pdf

The CNMI Department of Labor is responsible for enforcing local labor laws but does not handle federal labor law enforcement. Federal labor complaints should be filed with the United States Department of Labor.

Fair Labor Standards Act:
https://www.dol.gov/agencies/whd/flsa

Family and Medical Leave Act:
https://www.dol.gov/agencies/whd/fmla

Federal Child Labor Laws:
https://www.dol.gov/agencies/whd/youthrules

Farm Workers’ Rights:
https://www.dol.gov/agencies/whd/agriculture

Immigration and Nationality Act:
https://www.dol.gov/agencies/whd/immigration/h2b

Restaurant Workers Rights:
https://www.dol.gov/agencies/whd/compliance-assistance/toolkits/quick-service-restaurants

For more information, please visit the Official United States Department of Labor website:
https://www.dol.gov/

Employers Guide 2023 English 

Employers Guide 2023 Tagalog

Employers Guide 2023 Chinese

Employers Guide 2023 Korean

Reference for the Citizenship, North American Classification System, and the Standard Operating System