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Overtime and lunch

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  • Overtime and lunch

    I am in Iraq. I have to live and work in a camp that I can not leave. I work 72 hours a week and the company gives me 45% post differential & hazardous duty pay for the first 40 hours but they do not add the premiums into my overtime.

    Is it less hazardous here after 40 hours of work?

    Also while working my 12 hour shift, if I take a lunch I have to add an extra hour on to the end of my day. I cannot leave and everyone talks about work all of the time everyday. It doesnt seem as if 30 minutes of lunch is out of line.

    Do the premiums have to be calculated into my overtime?
    Can I take a paid lunch since I am unable to leae the compound?

  • #2
    Originally posted by Gordo
    I am in Iraq. I have to live and work in a camp that I can not leave. I work 72 hours a week and the company gives me 45% post differential & hazardous duty pay for the first 40 hours but they do not add the premiums into my overtime.

    Is it less hazardous here after 40 hours of work?

    Also while working my 12 hour shift, if I take a lunch I have to add an extra hour on to the end of my day. I cannot leave and everyone talks about work all of the time everyday. It doesnt seem as if 30 minutes of lunch is out of line.

    Do the premiums have to be calculated into my overtime?
    Can I take a paid lunch since I am unable to leae the compound?
    Who do you work for and do you have a contract that you signed when going into this position?
    I would start there, looking at what you agreed to do - hour and paywise. Are you on salary or are you hourly?
    There are many issuse here and I think your employment agreement, if you have one, is the best place to start.
    Sue
    FORUM MODERATOR

    www.laborlawtalk.com

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    • #3
      FLSA and Working in a Foreign Country

      The minimum wage, maximum hours (overtime), data collection and child labor provisions do not apply to any employee of a US company working in a foreign country, unless that country is a territory or under the jurisdiction of the US. Iraq is not considered under the jurisdiction of the US so you are not covered on these issues.

      The only coverage you may have on these types of issues is if you signed an employment agreement specifying the terms. If you did and your employer is not following that agreement, you may have a contract issue (through general business law) rather than an employment law issue.

      Let us know if you have any other questions.
      Lillian Connell

      Forum Moderator
      www.laborlawtalk.com

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      • #4
        WOW I can not believe I am contracted out to the federal government and they can sidestep their own code of federal regulations.

        I read the portion on Hazard and "dirty work" premiums(to be honest I dont understand the wording) but if I were in the U.S. would I be entitled to these premiums in my overtime rate?

        25% Hazard
        20% Post differential

        without the premiums in the overtime:
        at $10 an hour regular rate is $14.50
        and overtime is $15.00 It just doesnt seem right



        Oh
        Thank You for your quick esponse I have to tell about 50 people and I dont think they have signed the new contract yet so the response may have come just in time.

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        • #5
          The contract I have paid overtime with the premiums included, but some bean counter decided that this was the right way to do buisness and they sent out all new contracts. Some people signed and sent theirs in and some did not.

          Thank you for the rapid response

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          • #6
            Originally posted by Gordo
            The contract I have paid overtime with the premiums included, but some bean counter decided that this was the right way to do buisness and they sent out all new contracts. Some people signed and sent theirs in and some did not.

            Thank you for the rapid response
            The contract you signed is the one you are entitled to.
            Good Luck!
            Sue
            FORUM MODERATOR

            www.laborlawtalk.com

            Comment

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