THE U.S. Department of Labor and Imperial Pacific International LLC are asking the federal court to approve a second amendment to the consent judgment it approved on April 11, 2019 and the first amended consent judgment approved on March 29, 2021.
IPI is offering its leased property across from Hopwood Middle School, which it owns through an affiliate, Green Estate Holdings, as security for a monetary liability of $2,211,563.
According to the stipulation, IPI and the USDOL entered into a consent judgment requiring the casino developer to make payments for unpaid minimum wage and overtime premiums pursuant to the Fair Labor Standards Act or FLSA.
IPI, however, failed to make payments as required by the consent judgment.
On Jan. 21, 2021 the federal court found IPI in civil contempt of the court, and directed the company to purge contempt by paying the salary and its other obligations to employees.
The court also issued an order appointing a receiver to enforce the court’s order.
To purge contempt, IPI entered the first amended consent judgment setting forth a series of payments and other conditions for IPI to follow.
The court then stayed the appointment of the receiver.
The stipulation noted that IPI made the required payments required under the first amended consent judgment, but USDOL found IPI violating the Immigration and Nationality Act and the FLSA by failing to pay the promised rate and overtime premium to the employees hired under the H-2B program.
Based on these violations, IPI was again in contempt of the court’s injunction against violations of the FLSA.
To address these violations and purge its contempt, IPI agreed to enter into a second amended consent judgment.
To resolve IPI’s H-2B violations, the parties will file consent findings before the USDOL secretary’s Office of Administrative Law Judges, the stipulation stated.
The monetary liability of IPI comprised back wages for its more than 300 employees, liquidated damages, civil penalties, and interest on the payment plan amounting to $2,211,563.
IPI will pay the agreed amounts from January 2022 to January 2024, and offers as security its Green Estate property.
“Defendants acknowledge and understand that any future missed payroll will be subject to the assessment of liquidated damages and civil money penalties,” according to the stipulation for the second amendment to the consent judgment.
IPI, represented by attorney Kevin Abikoff, and USDOL attorney Charles Song signed the stipulation that was submitted for approval to the federal court.
The United States Courthouse in Gualo Rai, Saipan.
