BOSTON — Raytheon recently avoided a class action overtime lawsuit after a Massachusetts federal judge threw out the proposed lawsuit. The lawsuit, filed in October 2013 by a former U.S. defense contractor, who worked for a Raytheon subsidiary, alleges Raytheon and its subsidiary failed to pay overtime for the work he and his fellow contractors completed in Kuwait. His argument, with which the court did not agree, was that Kuwaiti labor laws were incorporated into his and other employment contracts. These laws would have required Raytheon to pay overtime and holiday pay during Ramadan and other Kuwaiti holidays.
The Employment Contract
Until July 2013, the former contractor, Darrell Robinson, worked for the Raytheon subsidiary in Kuwait on a U.S. military base. He claims that the offer letter and memorandum of understanding he received from Raytheon, which are part of his employment contract, incorporated Kuwaiti labor laws. Employment contracts can consist of more than one document that will collectively contain binding details regarding the terms of employment. Employment contracts can be very important in wage and overtime lawsuit, particularly if they specifically list details about the wages, hours, and other information relevant to the situation.
In this case, if Robinson’s employment contract did, in fact, incorporate Kuwaiti law, then Raytheon, as a federal contractor, would have been bound to follow those laws. The Kuwaiti laws reduced working hours from 40 to 36 during Ramadan, which would mean Robinson should have received overtime, if he worked more than 36 hours, instead of the U.S. requirement of more than 40 hours. Unfortunately for Robinson, the federal judge did not find enough evidence to conclude that Robinson’s employment contract incorporated Kuwaiti law, what Kuwaiti law was, or that the applicable state and federal laws would have required Raytheon to follow Kuwaiti labor laws in this case.
Holiday and Overtime Pay
Many employers have policies that provide for holiday pay, even if an employee does not work on the holiday, or additional pay if an employee works on a holiday. These policies are set by the individual employers and are likely binding. However, state and federal laws only require employers to pay employees their regular wages for work done on holidays. But, there are no laws that require employers to provide pay to an employee who does not work during the holiday. Employers, by state and federal law, do have to pay overtime on holidays, if the employee has worked more than 40 hours and is entitled to overtime.
If you believe your employer has failed to pay you proper wages during holidays or for regular overtime work, you should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page. Our experienced team of overtime pay lawyers will evaluate your situation to determine if you have a claim. If you are owed overtime wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.