Özcan Genç, Hasan Gökçe, and Süleyman Köş, through attorney Richard Miller, requested an entry of default in the District Court for the NMI after IPI failed to file a response within the time permitted by court rules.
In his declaration filed on Tuesday, Miller stated that IPI was personally served with the summons and complaint by the workers on Nov. 23, 2020.
He said more than 21 days have passed since IPI was served with the summons and complaint.
Genc, Gokce and Kos filed the complaint “on behalf of themselves and other similarly situated” H-2B workers who were recruited from Turkey in 2019. They are master plumbers, carpenters, electricians, construction workers and foremen.
The complainants said they were promised above minimum wage, substantial overtime pay, and round-trip tickets.
They said IPI promised that it would hire a cook who could prepare the kind of food suited for the complainants.
The complaint likewise alleged IPI retaliation for the workers’ protest actions.
The plaintiffs are also seeking a certification of Fair Labor Standards Act or FLSA collective action from the federal court.
In addition, the plaintiffs want the court to enter an order for the following:
(1) Certification as a class of all Turkish H-2B workers petitioned in 2019 by IPI and employed by IPI in Saipan in 2020.
(2) Finding the 28 Turkish workers whose written consents are filed as Exhibit 5 as having affirmatively and effectively opted in to the collective action.
(3) Issuance of an opt-in notice to all potential members of the collective-action class.
