A Filipino newspaper is in trouble. The U.S. Labor Department said it

A Filipino newspaper is in trouble. The U.S. Labor Department said it violated many rules when it imported workers from the Philippines. Asian Journal has been sponsoring the work visas of Filipinos as writers, journalists, and accountants. The Labor Department found that the visa holders worked in the sales department.

Asian Journal also failed to pay overtime to some of its workers. The violations occurred between 2006 and 2008. Asian Journal will pay 32 employees over half a million dollars in back wages. It will not be allowed to petition any foreign workers for two years.

Kimchi Bui of the U.S. Department of Labor said, “Typically the H-1B’s program purpose is to help workers fill positions and seek out workers that have specific skills that are not available domestically. We, in the department enforce a number of labor laws; H-1B is one of them so the issues are widespread in a number of industries.”

The newspaper has also been fined $40,000 as a penalty. Asian Journal has operations in Los Angeles, San Francisco, Las Vegas, New York and the Philippines.

Attorney Clint Robison is the legal counsel for Asian Journal in Los Angeles. He spoke to Balitang America (Filipino-American news program) via Skype.

He said, “There’s an assumption that laws were being violated. The thing to note in the Department of Labor’s information is that these are allegations based on an investigation. The company went ahead and appealed the findings and decided that it would challenge the findings, denying the findings, in court as is its due process right. Not long prior to the hearing, a resolution was reached with the Department of Labor. So to characterize them as findings of violations is not necessarily an accurate characterization.”

Sales department

Attorney Robison commented on why the Asian Journal primarily employed foreign journalists who ended up working in the sales department.

“It’s a family run business that has a number of different needs. And their commitment to the community is to get the news out. Now sometimes, people, who are in fact journalists, are performing other tasks that may include things that are needed to run a newspaper and make it efficient. That doesn’t mean they’re not journalists. Again that’s something the company denies with respect to the allegations by the Department of Labor.”

In a statement sent to the Filipino Reporter at press time Thursday, Asian Journal Publications said it has reached an agreement with the Department of Labor in a review of wage records related to a certain number of its H1-B visa workers.

The statement follows in full: “The Asian Journal, a family-owned enterprise, has historically employed workers with specialized language and other skills to meet the demands of its readers. The Asian Journal has made numerous contributions to the diversity in the community through employment and other means. As part of that history, the paper has from time to time employed people from other countries under U.S. immigration laws.”

The H-1B visa program is a voluntary program that permits employers to secure and employ non-immigrants on a temporary basis to fill specialized jobs in the United States. There are specialized technical wage rules for these jobs, which can be difficult to navigate.

The Asian Journal has provided job opportunities to many Southland employees. During this time, the paper has acted in good faith to comply with all state and federal laws in the timely and accurate payment of wages. Notwithstanding, the department instituted a review of the Asian Journal’s employment policies, practices and records, and made certain allegations.

The review determined that some employees hired for positions as accountants, reporters, news writers, journalists, business analysts, public relations specialists and financial analysts, were employed in sales and marketing functions.

“The Asian Journal appealed the review for a fair hearing under due process protections. Prior to the hearing, the Asian Journal and the department reached an agreement which provided for payment of certain wages to the affected workers,” said Clint Robison, a labor and employment partner at Hinshaw & Culbertson in Los Angeles, counsel for the Asian Journal. “There was no admission of fault or liability as part of the agreement.”

“The paper cooperated fully with the department at all times, and respects its review process, though it disagrees with the conclusions. Resolving this was a tough decision, but the paper would rather move forward and continue with its work in the Filipino community, without unnecessary distractions.

“While the decision means the paper will be unable to take part in, or petition people for, H-1B visas for a period of time, the Asian Journal’s support of the Filipino community remains steadfast and unwavering,” said Mr. Robison.

The Asian Journal has operations in Los Angeles, San Francisco, Las Vegas, New York and the Philippines.

By Steve Angeles, Filipino Reporter, 6 August 2010