Home » CONTRACTOR DEATHS » KBR truck drivers awarded class arbitration status for unpaid overtime worked (docs)
 

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

US supply convoy in Iraq

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.

JAMS arbitrator, Michael Loeb 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

 

my image

44 Comments

  1. Comment by Krash:

    Thank you Arbitrator Loeb!!!!

  2. Comment by KBR CORP Watch:

    Good Job Guys. Who are the lawyers that have class action suits on against KBR for work in Iraq and the overtime owed ?

    If anyone cares to list – there are many of us who were not paid overtime that would like to join.

    • Comment by Stanley Craig:

      It is true that we worked, or under orders from KBR, for usually 16 hours a day, every day of the week. When we were taken back to our compound in the evening again we were not allowed to do anything not allowed by KBR representatives.

      • Comment by Mary Brewer:

        Same for us that worked for KBR, such as myself from 2004 -2005, we worked 7 days per week with no overtime pay and was under strict rules and not allowed to do anything! We all joined a class action law suit but nothing became of it. KBR should be made to pay all employees that worked under these conditions the overtime due them!!!!

        • Comment by Edward L. Wilson (Prize Fighter):

          Hello, I think that the case should be taking back to April 03 time frame, being part of an tanker truckdriver team, we had to drive 24/7,and only rested when our Marine ecort platforms,decided to take a rest, after one (1) year of this kind of slavery , I was burnt out, and and I got into an accident, and when I bought up the fact that we were driving long hours without rest, I was put on the black list, we were told to only submit 84 hours, I resigned after 13 months.
          Respectfully,
          Edward L. Wilson Jr.

  3. Ping from KBR truck drivers awarded class arbitration status for unpaid overtime worked | The PMSC Observer:

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

  4. Comment by Paul Richards:

    Thanks for doing what is right…many a night / day , we worked over-time for no pay , while big-shots (supervisors , managers , etc.), who “scammed” & was paid “kick-backs”, got paid over-time & if caught , only got a slap on the wrist & got “promoted to a HIGHER paying job” , if a driver did ANYTHING minor , we’d get fired & sent home. If we were out on mission , under fire ,& passed our “84 hr.” mark , we HAD to keep going , but with NO PAY. Time for them to pay up.

  5. Comment by dc wimpy:

    i was forced to work many hrs for no pay because kbr and their higher employee managers instructed them to make our time sheets only reflect 84 hrs per week i was employed from
    feb 24 2007———july 25 2010 this is when i couldnt put up with being a scapegoat for these people anymore
    badge # (Edited)
    gmts # (Edited)
    heavy combination covoy driver tankers and flatbed
    i didnt get laidoff i quit

  6. Comment by dc wimpy:

    dc wimpy
    badge # 415107
    gmts # 51334
    employed
    feb 24 2007
    quit
    july 25 2010

  7. Comment by dc wimpy:

    if u need more info pls let me know

  8. Comment by Ricky harmon:

    2007-2008-2010
    thanks.

  9. Comment by Calvin stokes:

    ok i was wondering something. i was told that The people working for KBR-SEII in Dubai and Kuwait were paid under their local labor laws. Now if the company payroll(KBR-SEII) that which i worked for in Iraq for 6+ years, signed work agreement in Houston as everyone else, IE the Dubai and Kuwait employees, wouldn’t the Iraq TEAM be considered under DUBAI labor laws? i was just wondering maybe there is a lawyer out there that could better clarify this. or maybe someone else. all together i was on LOGCAP III for 8+ years. any help just chime in. i appreciate it.

    • Comment by David wayne carrier aka scorpion:

      i was employed from from june 23 2005 until jan 2011. we were all forced to work overtime an not get paid for it, they stated they dont pay overtime, i have what i need to push this as far as possible, badge number 344593/ gmst number number 25158 log cap 111 AN LOGCAP 4.

    • Comment by John:

      No Calvin, the people that were in Kuwait were never paid,for the time they worked over.when KBR was finally forced to get personnel visa 18′s and civil ID’s.they still never paid under Kuwait labor law.they were good at getting you a visa quickly,but never followed the proper pay laws.the Kuwait’s did not care because they were paid from revenue for visa’s. Dyncorp Intl took the contract from KBR in May 2009.and after almost a year with it.they were forced to follow Kuwait labor law to the letter.and still do to this day.now Dubai in the UAE was a different story.KBR did pay some back pay to employees.I know this to be fact,I was with KBR in Kuwait 2004 to 2005 in Kuwaiti 2008 till 2009 until Dyncorp took the contract.those of us that worked under KBR in Kuwait will more than likely never see any back pay from them. all good with me.they did always pay me on time and a good salary. would be nice to see back pay but not stressing it.

  10. Comment by Patricia Gail Taylor how do I follow the process when and if my spouse:

    How do I follow when and if my spouse will be granted if any back pay
    from KBR / Halliburton?

  11. Comment by David wayne carrier aka scorpion:

    THIS NEEDS TO COME TO A HEAD THERE WERE PEOPLE HURT WITH NO PAYMENT, I WANT TO KNOW WHAT RIGHT KBR HAD MAKEING PEOPLE SIGN THEM FOR BENEFICIARY IF THEY WERE KILLED AND THE FAMILT GOT NOTHING, IF ANY WANTS TO CONTACT THE SCORPION CALL ME 701-609-0443 THANK YOU GOD BLESS TO ALL MY BROTHERS AND SISTERS THAT WERE THERE WITH ME AT THE TIME WE ALL NEEDED ONE ANOTHER,

  12. Comment by Art Warren-AKA BIGDOG:

    Sooooo,What happens now???

  13. Comment by Gary Alan Jones Badge # 463039:

    Hello I worked in Iraq from Jan.2009 thru Aug.2010 and believe that i may also be due overtime pay.how do i go about being part of this class action lawsuit.?? Thanks in advance

    • Comment by Punk Buster:

      You write a letter to Henry Waxman in the US Congress. he starts crying to everyone he can cry to and then congressional hearings are ordered and performed. Then you get to cry to congress and then you get the smack laid down on your roody poo candy a$$ by a KBR lawyer in arbitration.

  14. Comment by Roy E. Halsell -- aka TENNESSEE:

    I worked for KBR from 10-2005 to 2-2008. I drove flatbeds & fuel tankers out of Al Asad, Iraq.

  15. Comment by Roy E. Halsell -- aka TENNESSEE - Employee# - 364744:

    I worked for KBR from 10-2005 to 2-2008. I drove flatbeds & fuel tankers out of Al Asad, Iraq (B1) to several FOB camps mainly with the Marines. Spent alot of time outside the wire so you can imagine the over time I’ve got racked up! I was pretty much told to log 84 hours a week and no more and if I didn’t like it I could just go home. I have an excellent working record on getting loaded in a safe and timely manner, always on time and no accidents. I also have letters of appreciation from Captain K.R. Lee-Wood, Commanding Officer, Combat Logistics Battalion – 2 unit 73960 and Outstanding Service Award from LOGCAP III Sr. Transportation Mgr. Harold Ballard.
    I have heard about getting my back pay for all the overtime I’ve put in but really didn’t know how to go about it. If you could find time out of your busy day and lead me in the right direction to resolve this mess that they (KBR) rightfully owe and I honestly earned. Your help in this matter would be greatly appreciated.
    It looks like your the gal I need on my side!
    By the way — I’m glad Your on the floor , awake and got our backs! Your my kinda Gal.

    Your Pal Roy (TENNESSEE)

    • Comment by Punk Buster:

      Roy, You sound like the most decorated civliian in theater. Good luck getting any cheddar outa KBR. Your Pal Punkbuster!

    • Comment by John "Livingwater" Friend:

      B1 Al Asad 10/2004 to 9/2006 I know all to well about the 84 hour rule. Many of you surrendered them over to me including the foreman and supervisors. My last post must have been a bit harsh for this forum and for that Ms.Sparky I sincerely apologize. If this post is delete after being moderated; I will be thankful for you all looking after my best interest and that being the for the precious lives of my brothers and sisters, for I seek no gain in this matter, but only to justify the truth in which they speak. Peace be with you all. Livingwater

    • Comment by john livingwaterwater friend:

      isee you Tennessese, salute.

  16. Comment by ruth burch:

    All of use. Put in some really long hours and did not get pay for it

  17. Comment by Charles Irvin Hanson:

    I was employed in Iraq by KBR from 2-2011 to 1-2011 and was told quite often that 84 hours a week was the most time that we could put on a timecard no matter what.

    • Comment by Punk Buster:

      Hmmm….seems like you should have blown the whistle way back then, not slink off like a snake only to come back and try to bite them later after you hear potential money jingling from a lawyers dinner bell.

      • Comment by all ears:

        at least he puts his name out there and is not using a moniker such as you and I!!!! It appears that you are a snake yourself!!

        • Comment by Punk Buster:

          Hmmm..seems like someone else just used a moniker…ALL EARS!!! Seems like the pot calling the kettle black. Oh well, just if there wAs a problem, the whistle should have been blown long before now….someone should have stood up and said enough is enough. If the beans and bullets didnt get delivered and the truckers would have said the reason then, I believe change would have occurred instead of all the crap going on now with lawyers and everyone coming out of the woodwork trying to sniff out a bone.

          One closing remark…Not being a hypocrite but, I will say that the KBR truckers did some of the craziest work out there and they did a damn good job of it. My hats are truly off to them for thier dedication and the fact that they did as KBR stands for …They delivered!! They did a great job.

  18. Comment by Stanley Craig:

    I drove Tank Truck and Flatbed for KBR in Iraq from 3/04 to 5/05, the control of our hours worked a decision of management, our supervisors. The hours were long, uncomfortable and dangerous but we were doing them together. Very few at the time questioned the 84 hour policy. Straight time or salary were the answers when anyone asked.

  19. Comment by Dan Smith aka "Elvis":

    A tanker driver and C.C.driver for KBR/SEII from Feb.06 to July 2010 when I was forced to go home against my will. I was a C.C. driver for a total of 19 mos. We all were told to only put 84 hrs on the timesheets, even though we had to work many hours more without get paid for it. I proudly worked in Iraq to serve my troops and would do it again. But, it is wrong for big corporations/companies to take advantage of the people who put their lives on hold and on the line to better the cause. I recieved a JAMS Class Action Arbitration letter in the mail and so I’m responding about it. A man is worthy of his hire. Thank you all for what you can accomplish with this, Dan Smith / Dan’sElvis !

  20. Comment by BARBARA FOWLER (JOKER'S WIFE):

    MY HUSBAND ED “JOKER” FOWLER DROVE FOR KBR 2004 THRU 2008. HE WAS ONE OF YOU FELLOWS WHO WOULD DRIVE HAULING FUEL, SUPPLIES, ECT. WHEN HAULING FUEL FROM ONE PLACE TO THE OTHER, HE HAD TO SIT WITH TRUCK FOR HOWEVER MANY HOURS UNTIL FUEL WAS UNLOADED. COULD NOT LEAVE THE TRUCK AND WAS NOT PAID FOR THAT TIME OF SITTING, ALTHOUGH STILL BEING RESPONSIBLE FOR THE LOAD HE WAS HAULING. GRANTED ALL KBR EMPLOYEES GOT PAID GOOD MONEY BUT DID NOT GET PAID FOR ALL THE RESPONSIBILITIES AND TIME DUE THEM. I WORK FOR THE GOVERNMENT AND HAVE WORKED SEVERAL HURRICANES. IF WE HAVE TO GO OVER THE 80 HOURS OF NORMAL WORK, WE ARE PAID. AT THE BEGINNING OF A DISASTER WE MIGHT WORK 16 HOURS AND OF COURSE GET PAID FOR IT ALSO. I ALSO WORK IN CONTRACTING AND CANNOT BELIEVE THAT KBR’S CONTRACT WITH THE ARMY IS WRITTEN WHERE ALL DRIVERS/WORKERS DO NOT GET PAID WHAT IS DUE THEM. JOKER PASSED AWAY IN 2009 BUT HE HAD TOLD ME IF ANYTHING HAPPEN TO HIM TO STAY ABREAST OF THIS SUIT BECAUSE HE SHOULD BE PAID WHAT HE EARNED.

  21. Comment by John "Livingwater" Friend:

    Well I first and foremost want to Thank ALL WHO GAVE SOME and THOSE WHO GAVE ALL. Livingwater needs no introduction to those who rode with the the first 30 psycho flat bedders established at B1 AL ASAD beginning in OCT 2004 until I demobbed in SEPT 2006 for reasons similar to this attribute. I praise GOD for allowing me to serve alongside each of you and the younger service men and women that did not flee when faced with unthinkable thought of meeting the unknown called death. I am have medals and documents of appreciation by the 26th ASG, the 553rd and KBR Management who didn’t sit in Houston thinking of ways to make Tent 12+1′s life harder. This also includes KBR TTM Theater Managers out of A1 that endlessly tried to destroy of record of 100% mission complete status of 2 yrs by sending us their so called problem drivers to us saying here; now you have the amount of souls requested by the Military Branches to fill the seats of unarmored trucks that we shielded with cases of water and parts from the bone yard so the impact may spare us at least one foot. I still have them papers in the same trunks and will gladly use them as toilet paper when the day comes. What means more to me is the memories of each of you who without question went far and beyond the call of duty. Before Coscom came in play and the MP’s started writing tickets; The USMC COLONEL stood at the base gate and saluted each KBR driver because he knew the important role you had in the not only the task but the moral boost you gave to many young service men and woman who relied on your courage to make sure their minimal needs for survival were met. I pass these words from that High Ranking Officer to you now and I quote,”YOU KBR DRIVERS ARE SOME CRAZY SONS OF BITCHES”.(unquote) That said you may reply to me anytime concerning that 84 HR. Time Sheet Order that was given by KBR Corporate Executioners that write it off as hear-say. There is way to much outside of this Arbitrary that lays in my heart on not only 84hrs but also pay grade increases and advancements of many who were given broken promises and were commanded to do as I say, not what we wrote as our S.O.P or so called commitment for the sake of your safety and well being as stated in the toilet paper contract you signed. For those at KBR Castle who are monitoring these posts; be ye not deceived by your superiors and do not hold your breath for the sake of their ill gotten gain because when comes to those that I pray for daily; I hold mine no longer. Brothers and Sister You are not Forgotten.. My love goes out to all of you, Livingwater

  22. Comment by Edward L. Wilson (Prize Fighter):

    Thank you, Gentlemen, for doing something about this, but I think that the facts can be traced from April 03, where we drove old equipment, the trucks fell apart, the tank trailers broke welds and leaked out, we drove 24/7, with Marine Escorts, only getting breaks, when the escorts were tried, We were told at Scandia, to only submit, 84 hours, took showers, with bottled water between truck and trailer, I was bob-tail and part of the B.A.T. crew, I was involved in an accident, and when I bought up the fact that we were driving long hours with no rest, I , or they blacklisted me , and tried to terminate me, I resigned after 13 months.
    Respectfully,
    Edward L. (prizefighter) Wilson.

  23. Comment by Snowdog:

    For those of you wondering how to become a part of this suit, I will tell you what I know from talking with the lawyers representing us, and letters I received from Rukin, Hyland, & Tyndale. Basically every TTM driver is a part of this suit automatically UNLESS he/she sends the firm a letter to “opt out”. Also they told me over the phone that the civil trial is supposed to happen in October, 2013. They asked me to testify and I agreed to it. Where it goes from there who knows. However I have read a few articles alluding to the fact that the DOD is really sick of KBR due to their bulldogging tactics attempting to hold on to their Iraq/Afghan contracts. Evidently demanding half a billion dollars from the government to get out of the contract. It’s a good sign for us that they are pissing off the governnment like they are.

  24. Comment by Mickey Joe Simmons:

    Thank you for offering help to the people that put there life in danger for a chance to help our military and a chance to better our lives. #1 We did understand the risk also It is true that KBR supervisors did in fact tell my whole team you will drive when your told or go home over and over like we could just call a cab.. To many times to remember I was told to keep driving after working 14 to 18 hour days At times because they changed shifts from driving days to nights for safety reasons ok but only 4 to 5 hours sleep was just another day many times I was to tired to shower that’s really tired then go again in 4to 5 hours . Some days we did work 12 hours and I would like to thank those that served . Thanks’ KBR for the opportunity .

Leave a Reply

Your email address will not be published. Required fields are marked *