Application; procedure; duties of employment service, Commissioner

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  • (a) The procedures set forth in this chapter shall not apply to the employment of domestic workers in private homes; Provided, That nothing contained herein shall be construed to limit compliance with any procedure now or hereafter required by the Employment Service in connection with such employment of domestic workers.

  • (b) For the purposes of this chapter, and without limitation on the scope or extent of powers, duties or responsibilities vested by other provisions of this chapter, or of any other federal or territorial law and/or regulation

    • —the Employment Service shall
      • (1) in the placement of workers, perform all certification functions relating to wage requirements and the determination of the occupational qualifications and classifications applicable to individual workers, resident or nonresident. Nothing contained herein shall be construed to limit the power of the Commissioner to make wage or classification determinations in accordance with applicable law.

      • (2) canvass state employment services to obtain workers before issuing clearance certificates.

      • (3) in cooperation with the Commissioner conduct continuing surveys of manpower needs, prepare training programs and recommend other measures for alleviating shortages and reducing the need for nonresident workers.

      —the Commissioner shall
      • (1) enforce the provisions of this chapter, including the performance of investigatory functions necessary or appropriate thereto, and the enforcement of clearance orders issued by the Employment Service as well as agreements entered into by him and employers concerning the employment of nonresident workers as provided for herein.

      • (2) furnish a listing of the minimum recruitment wages to the Employment Service on a regular and continuous basis.

      • (3) cooperate with the Employment Service in furtherance of the objectives of this chapter and in effectuation of the provisions hereof.

      • (4) cooperate with the United States Department of Labor in the enforcement of the conditions and the minimum wage prescribed on MA-VI-1 certifications of nonresident workers.


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