Sixteenth Northern Marianas Commonwealth Legislature
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SIXTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE H. B. NO. 16-)=M A BILL FOR AN ACT To amend Public Law 15-108, the Common wealth Employment Ac t, in order to preserve the due process rights of workers who may be affected by certain provisions of that Act; and for other pu rposes. BE IT ENACTED BY THE SIXTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: Section 1. Findinps and purpose. The Commonwealth Legislature finds that amendments to Public Law 15- 108, the Commonwealth Employment Act of 2007 (hereinafter, LLA~t"), are necessary to preserve the due process rights of those who may be affected by certain provisions of that Act. The Legislature finds that certain provisions of the Act, specifically including the brief statute of limitations, the requirement that workers who are engaged in litigation over a violation of Commonwealth or Federal law depart the Commonwealth and re -enter prior to having a hearing in their labor case, and restrictions on the types of violations for which transfer relief is authorized, may have a chilling effect on a worker's right to see k redress through lawful means. Accordingly, this legislation, if enacted, will establish a 12-month statute of limitations on existing contracts. The legislation wi ll also l imit a worker's right to file a labor complaint to six (6) months beyond the termination or expiration of the worker's contract, in order to discourage lengthy delays in filing complaints after a contract has ended, and will further provide for exceptions in cases where the person who has committed the violation takes action to conceal the violation, or to otherwise prevent the worker from reporting the violation. This legislation will also affirm the right of a worker under the due process clause of the CNMI Constitution to remain in the Commonwealth until he or she has had a meaningful opportunity for a hearing in the worker's case, as articulated in well -reasoned decisions by the Commonwealth Supreme Court in OfJice of the Attorney General v. Deala, and Office of the Attorney General v. Rivera.
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