ATTORNEY Michael Dotts told the federal court on Monday that some Imperial Pacific International employees with expired H-2B visas will not leave until three-fourths of their contract employment guarantee has been paid, including compensation for paid time off.
MIchael Dotts
In his fourth status report to District Court for the NMI Chief Judge Ramona V. Manglona as IPI lawyer, Dotts said the casino investor has begun the repatriations of some of its foreign workers.
He said a total of 20 individuals left the island Monday. “This was less than expected, but the repatriations are moving forward. When employees are repatriated IPI must pay for their [Covid-19] testing and…provide them hotel accommodations on Guam. This expense works out to about $450 per person.”
Dotts said there are six Malaysians who will not leave unless their “paid time off” and three-fourths [employment contract] guarantee is paid, but 11 Turkish workers will leave on Feb. 15.
Dotts said two Italian workers stated that they will not leave due to their pending lawsuit against IPI while 11 Taiwanese stated they will not leave because they have already applied for change of status.
As for the more than 100 Mongolian workers, Dotts said they have pending available flights.
According to the lawyer, IPI distributed payroll No. 1 to its employees on Saturday, Feb. 6, adding that there were no significant issues or problems.
However, Dotts said, “a problem arose with payroll number 2.”
When the checks were received from Guam it was discovered they were dated “2020” instead of “2021,” he said.
On Monday, the Bank of Guam agreed to honor the checks despite the typographical error so payroll No. 2 would be distributed on the same day, Dotts said.
“The next payday is Feb. 12, (Payroll No. 4). IPI management is aware of the need to pay this payroll and all future payrolls on time,” he added.
As for the employees’ housing and food, Dotts said IPI employee housing units still have power. “IPI will be closing housing as employees are repatriated [but] food services have continued without interruption for all [remaining] H-2B workers.”
Dotts said construction at IPI hotel-casino project site remains suspended, adding that the removal of a crane resumed Monday.
Last month, Judge Manglona found IPI, IPI Holdings Ltd. and IPI chairwoman Cui Li Jie in contempt of court for violating the consent judgment with the U.S. Department of Labor, and for not paying their current employees for over two months.
The judge ordered IPI, IPI Holdings Ltd. and IPI chairwoman Cui Li Jie to pay the current employees’ remaining back wages; the balance of the consent judgment in the amount of $1,182,793; and to create an escrow account for the sum of $800,000 to cover the payroll of future employees.
On Jan. 28, 2021, the judge said IPI would be placed in receivership and its assets liquidated if no payment for the remaining back wages of current employees and the consent judgment was received by USDOL in the next 30 days.
Judge Manglona also denied IPI’s request to lift the stop work order, but she allowed non-construction employees, such as administrative personnel, security, and staffers preparing meals to resume working.
The judge likewise allowed IPI to remove a construction crane from the hotel-casino project site.
Moreover, she ordered the IPI attorney to file a weekly status report, and scheduled a March 31 status update hearing on the balance of the consent judgment.
