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Overtime for Standby California

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  • Overtime for Standby California

    I am a non-exempt salaried employee working for a small company. On a few business trips I am required to board and travel with a ship (oil tanker or container ships) for a few days at a time to take measurements and gather data. I cannot seem to find any definitive answers to whether this might be considered standy, or otherwise compensable overtime.

    My actual work time each day could be anywhere from 2-12 hours, but I am stuck on the ship 24 hours a day, which to me is a strict geographic restriction. I have no ability to pursue any personal activities other than to pass the time until my next measurement is to be made or the ship gets to port so I can disembark, travel to the nearest airport and fly home. Often the crew speaks very little if any English other than the captain and chief engineer. These trips are not common only occuring once or twice per year.

    I am trying to find out if there is any claim here, and if so what case law or authority says so.

    Thanks!!!!!!

  • #2
    Is this inside the United States?
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Location

      No, the time spent on the ships was mainly in international waters, Some of the trips i boarded the ship in St Croix, and disembarked in US ports (North Carolina, Etc). The Company I work for is a Nevada Corporation doing business in based in California.

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      • #4
        This is WAY outside of my area of expertise, but my understanding is that overtime is a function of the FLSA law and that the coverage for that law does not normally exist outside of the United States.

        There is a specific set of rules directed at "seamen" but I am pretty sure that you are not considered to be a "seamen" by those rules.
        http://www.dol.gov/dol/allcfr/ESA/Ti...rt_783/toc.htm
        http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR783.34.htm
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          Thanks for trying!!!!

          I am pretty sure I am not a seaman for these purposes, I am not covered by any CBA or in a union of any kind and do not possess a merchant mariner or other credential of any kind.

          I have been looking high and low for something and have not had much luck. It seems to me that since I am employed in California, my office and teh corporate headquarters are in California and 95% of the time I am in California that my contract would be governed by California law no matter where I am working as I was hired to and agreed to work for the employer in California. It seems against the spirit of the law for it not to be enforced because my company sent me to Canada or any other locale.

          Thanks,

          Comment


          • #6
            You might try contacting CA-DLSE. While I live in CA and generally am up on CA law, this is way outside anything I have ever researched for CA law. I at least have some familarity with the federal FLSA coverage rules, but I have never had to look at this type of issue for CA.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment


            • #7
              DAW,

              Thanks, I may contact them.

              BTW I like the quote.........My employer should take it to heart.

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