Defense Base Act Compensation Blog

The Modern Day DBA Casualty

KBR truck drivers awarded class arbitration status for unpaid overtime worked (docs)

Posted by defensebaseactcomp on May 16, 2011

by MsSparky May 16, 2011

KBR truck drivers win a major victory in the ongoing battle with KBR regarding being forced to work “off the clock”. The KBR management war cry of “84 and no more”, meaning a driver could only document 84 hours per week on their time sheet even though they were forced to work much more, meant drivers were forced to risk their lives and work for free in a profession with the highest civilian casualty rate in Iraq.

KBR truck drivers initiated class arbitration proceedings before Judicial Arbitration and Mediation Services, Inc. (JAMS) on November 1, 2007, asserting that KBR breached their employment contracts with them and other employees by failing and refusing to pay them for all hours worked.

arbitrator, granted class certification Thursday to KBR truck drivers who said KBR Inc. breached an employment agreement by pressuring them to under-report hours worked under the military’s Logistics Civil Augmentation Program (LOGCAP) contract in Iraq.

While most cases involving unreported overtime should be dealt with on an individual basis because they usually involve different supervisors giving different orders to different employees, the current dispute is not a “typical ‘off-the-clock’ case,” according to arbitrator Michael Loeb.

In the Certification Award, Arbitrator Loeb granted petitioners’ motion to certify a class of truck drivers and convoy leads who worked for KBR in Iraq between November 1, 2003 and the present.

NOTICE OF MOTION AND MOTION FOR ORDER CONFIRMING ARBITRATOR’S APRIL 28, 2011 AWARD GRANTING MOTION FOR CLASS CERTIFICATION AND APRIL 28, 2011 AWARD CONFIRMING WAIVER OF RIGHT TO CHALLENGE WHETHER ARBITRATION CLAUSE ENCOMPASSES ARBITRATION OF CLASS CLAIMS

The law firms involved with this case are:

Rukin Hyland Doria & Tindall

Skikos Crawford Skikos & Joseph

Altshuler Berzon

Lewis, Feinberg, Lee, Renaker & Jackson

I hope other defense contractors are taking note. KBR has gotten away with these and other employee abuses for years, but it looks like it’s finally catching up with them and I do hope it costs them big. If I’m not mistaken, forcing someone to work and not paying them is and always has been considered slavery!

Where was the DoD in all this?  Why were they allowing this to go on?   Ms Sparky  

Please see the original post at MsSparky’s

6 Responses to “KBR truck drivers awarded class arbitration status for unpaid overtime worked (docs)”

  1. David Meredith Jr said

    I worked for KBR from 9/2004-9/2005 and worked 7 days a week 14-16 hour days. I am in the middle of a mess with the Defense Base Act because ALJ’s don’t know what they are doing. How do you get in on this class action suit? David “Scout” Meredith.

    • defensebaseactcomp said

      Hey David, Check out the lawyers listed there and give them a call. Good Luck

      • David "Scout" Meredith said

        Done, thank you. Wonder how many years KBR can drag this out…

        • chuck kiley said

          Hey Scout,howze things in Kansas? How is Steve? “Fubar” here. Ran flatbeds with you guys in Kuait b4 deploying to Anaconda(the Snake) in 2005. Hope yer doin OK..

          • David "Scout" Meredith said

            Really, well my wife and youngest daughter, god bless them, have not left me yet, I know they want to. I am an asshole, hateful, angry, basically just a mean person anymore. My thoughts of my hearing in April 2007, suck the life blood out of me, and, I take it out on them. Steve has called Abbi, but she didn’t save his number and doesn’t have it. She asked me for it and I don’t have it. I would like to have it. That about sums it up. Scout

  2. superman said

    Heck, Superman’s sources say….. Dyncorp did the same thing, They made all the guys sign 70hr time sheets weekly. Even if you didn’t do any work. Even if you worked 120hrs. It didn’t matter, DynCorp made guys sign or they had not job..

    this is not an uncommon issue.

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