Labor Announces Administrative Policy Regarding the Enforcement of Job Posting Law

Commissioner of Labor Gary Molloy (Submitted photo)
Commissioner of Labor Gary Molloy (Submitted photo)

V.I. Department of Labor (Labor) Commissioner Gary Molloy reminds the public of an administrative policy regarding the enforcement of the Registration with Employment Security Agency. The commissioner reminds the public that all entities licensed to conduct business in the Virgin Islands shall notify the V.I. Department of Labor of its intent to fill an existing position that is now vacant, soon will become vacant, or is a new previously unfilled position.

Notices of vacancies shall include the title of the position if any; the proposed salary; any required qualifications; the general duties of the position; and the name, address or telephone number of the person to be contacted by applicants for the position.

For the purposes of this law, “position” is defined as employment at an hourly, monthly or yearly salary, intended to last at least 30 hours per week and for one month or more, but it does not include temporary or day workers.  Positions being filled by upgrading are not included.

Any entity that willfully fails or refuses to comply will be guilty of a misdemeanor and shall be fined not less that $500 for the first offense and $1,000 for each subsequent offense.

The Department of Labor’s Division of Labor Relations and the Compliance Unit will investigate compliance with this regulation. Compliance officers will issue a Notice of Non-Compliance and recommend a fine to the Department of Licensing and Consumer Affairs (DLCA), in the event an entity is found to be in violation.

Entities wishing to appeal a Notice of Non-Compliance will have 30 days from the date of the Notice of Non-Compliance in which to file an appeal.  The hearing will be held by the DLCA.

For more information on the Virgin Islands Job Posting Law, contact the Department of Labor, Labor Relations Division, at 776-3700 ext. 2124 or 2028.