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Pay Difference California

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  • Pay Difference California

    Hi, I travel almost 6 months out of the year for this company I work for. Travel includes oversea deployments as a military contract. The pay difference is quite alot. With that said, I recently returned from deployment and this week I got my pay stub to find out only the first week of the two week period was paid full deployment rate and all of last week, including time spent oversea was payed as regular local pay rate.

    My question is, "are companies allowed to do that?"

    Break down. The hours I got paid for that pay period is 130 (over 2 weeks). 84 hours of it was the final complete week on deployment, that was paid correctly. 64 hours of it was last week's hours. I arrived in California on Wednesday. They only paid me straight regular hourly rate for the 64 hours last week. Monday and Tuesday was while I was still on the deployment site. Wednesday was the travel day.

    If anyone can answer this question, I'd very much appreciate it. Apparently the company is doing this to all deployment personnel. The pay difference is quite substantial and that just one of many employees this is happening to.

    Thank You for reading.

  • #2
    I'm confused about what you mean by "deployment personnel". Is this a company who provides services for the Dept. of Defense?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Originally posted by Pattymd View Post
      I'm confused about what you mean by "deployment personnel". Is this a company who provides services for the Dept. of Defense?
      Yes, we provide service for DOD contracts. The deployment incentive is 80% of base rate and paid for 12 hours per day for each full day on deployment.

      Comment


      • #4
        This is strictly a matter of compensation policy, unless there is an actual employment contract, in which case you may have a breach of the contract. What does the employer say when you ask about the discrepancy?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          California labor law attorney

          Originally posted by b1r469 View Post
          Hi, I travel almost 6 months out of the year for this company I work for. Travel includes oversea deployments as a military contract. The pay difference is quite alot. With that said, I recently returned from deployment and this week I got my pay stub to find out only the first week of the two week period was paid full deployment rate and all of last week, including time spent oversea was payed as regular local pay rate.

          My question is, "are companies allowed to do that?"

          Break down. The hours I got paid for that pay period is 130 (over 2 weeks). 84 hours of it was the final complete week on deployment, that was paid correctly. 64 hours of it was last week's hours. I arrived in California on Wednesday. They only paid me straight regular hourly rate for the 64 hours last week. Monday and Tuesday was while I was still on the deployment site. Wednesday was the travel day.

          If anyone can answer this question, I'd very much appreciate it. Apparently the company is doing this to all deployment personnel. The pay difference is quite substantial and that just one of many employees this is happening to.

          Thank You for reading.
          Are you paid overtime for all hours worked over 8 in a day or 40 in a week? are you paid double time for hours worked over 12 in a day? Are you paid for the time you are actually travelling?
          Walter

          www.California-Labor-Law-Attorney.com
          "Wage and Hour Class Action Attorneys"

          Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

          Comment


          • #6
            Originally posted by CaLaborLawAttorney View Post
            Are you paid overtime for all hours worked over 8 in a day or 40 in a week? are you paid double time for hours worked over 12 in a day? Are you paid for the time you are actually travelling?
            Does any federal or state law apply when the employee is a contractor working in Iraq, Afghanistan or some other godawful place? I don't think so.
            Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

            Comment


            • #7
              California overtime lawyer

              Originally posted by ScottB View Post
              Does any federal or state law apply when the employee is a contractor working in Iraq, Afghanistan or some other godawful place? I don't think so.
              If one is contracted by a U.S. company and is deployed elsewhere, I do not see why this company would not be subject to state and federal laws.
              Walter

              www.California-Labor-Law-Attorney.com
              "Wage and Hour Class Action Attorneys"

              Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

              Comment


              • #8
                Section 13(f) of the FLSA law exempts all employees of U.S. companies who work in a foreign country from MW, OT record-keeping and child labor requirements. This revision to the FLSA was passed in the 1950s. There are exceptions for U.S. territories. Most employees who are working in for U.S. companies in U.S. territories are subject to FLSA.

                That is one law down, and several thousand more laws still to be reviewed.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  California labor law attorney

                  that makes sense. It stuck in my mind that a prospective client contacted us from Puerto Rico and my recollection was that they were in fact entitled to overtime, etc. but as you know each case varies.
                  Walter

                  www.California-Labor-Law-Attorney.com
                  "Wage and Hour Class Action Attorneys"

                  Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

                  Comment


                  • #10
                    Puerto Rico is one of the dozen or so U.S. territories on my list and is under the FICA law. None of the U.S. territories on the list are legally foreign countries with seats in the U.N. and such. In fact most of the U.S. territories seem to have the word "Island" in their name.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

                    Comment

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