VIDOL Announces Administrative Policy Regarding the Enforcement of Job Posting Law

USVI – January 3, 2022 – V.I. Department of Labor (VIDOL) Commissioner, Gary Molloy, announces a reminder of an Administrative Policy regarding the enforcement of Title 27 VIC Section 303b, Registration with Employment Security Agency. Commissioner Molloy reminds the public that all entities licensed to conduct business in the Virgin Islands shall notify the Virgin Islands Department of Labor, of its intent to fill an existing position, now vacant or soon to become vacant, or a new previously unfilled position. Notices of vacancies shall include the title of the position, if any, the proposed salary, any required qualifications, and general duties of the position, and the name, address, or telephone number of the person to be contacted by applicants for the position.

“Position” for the purposes of this law 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 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 $500.00 for the first offense and $1,000.00 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, in the event an entity is found to be in violation.

Entities wishing to appeal a Notice of Non-Compliance will have thirty (30) days from the date of the Notice of Non-Compliance in which to file an appeal. The hearing will be held by the Department of Licensing and Consumer Affairs.

For more information on the Virgin Islands Job Posting Law please contact the Department of Labor, Labor Relations Division at (340) 776-3700 ext. 2124 or 2028.