Employees Working for Military Contractors Sue for Unpaid Overtime

Dozens of contract employees working for two companies that contracted with the U.S. military to provide native role-players and interpreters to train Marines in realistic pre-deployment missions have filed a wage and hour lawsuit claiming they were denied overtime pay and were forced to work in oppressive conditions.

The workers filed their unpaid overtime lawsuit in March in a California federal court, alleging an unlawful failure to pay overtime wages as well as provide meal and rest periods. The defendants’ violations of the Fair Labor Standards Act (FLSA) and California labor laws, according to the unpaid overtime lawsuit, constituted “oppressive, fraudulent, and/or malicious conduct” that warrants punitive damages.

They allege that the violations were “willful” because the employers were aware that the plaintiffs regularly worked uncompensated overtime and “had the means and opportunity to accurately track Plaintiffs’ time worked but failed to do so.”

The unpaid overtime lawsuit states that for at least three years prior to the filing, defendants Tatitlek Support Services Inc. and GeoNorth LLC, both foreign companies, had a consistent policy and practice of requiring its employees to work far more than 40 hours per week without paying them overtime, as required by federal law.

While the workers were allegedly denied overtime pay, the unpaid overtime lawsuit states that the defendants have been paid more than $300 million for their contract with the U.S. military.

The plaintiffs are seeking to recover unpaid overtime compensation and an equal amount of liquidated damages, including interest, statutory penalties, and attorneys’ fees and costs.

California’s strict overtime laws require that employers provide meal breaks, rest breaks, as well as pay a minimum wage of $9 an hour. They also mandate an overtime rate of one and one-half times the employee’s regular rate of pay for every hour worked beyond eight hours in a single day or 40 hours in a single week.

According to the wage and hour lawsuit, Tatitlek and GeoNorth provided the native role-players to the U.S. Marine Corps Air Ground Combat Center, located in Twentynine Palms, Calif., which is one of the largest training bases for the Marines.

The role-players occupied a fictional Middle Eastern village where they played characters during the Marines’ training missions.

“The missions would vary in length from three to seven days,” the unpaid overtime lawsuit states. “During these missions, role players would be in character for the entire period, 24 hours per day. The role players would live in the village with no running water or electricity.

“Troops would interact with the role players at all times of the day and night in accordance with the specific mission tasks. Plaintiffs’ day shift would typically begin at 5 a.m. Plaintiffs worked as role players, in character and costume, until approximately 5 p.m. without meal or rest breaks until their shift ended,” the wage and hour lawsuit explains further.

“At the end of their day shift, Plaintiffs had a one hour dinner before their night. Plaintiffs then were on duty, working as role players, in character and costume during the night shift, from 6 p.m. to 4 a.m. From 6 p.m. to 10 p.m. the role players were on duty and were required to interact with the Marines. They could not sleep until 10 p.m,” the unpaid overtime says.

“During the night shift, Plaintiffs were primarily directed in duties for the fulfillment of Defendants’ requirements for the jobs and were substantially restricted from personal activities. They were always required to be on duty, in character and costume. Plaintiffs were allowed to sleep from 10 p.m. to 4 a.m. But sleep was regularly interrupted by mission scenarios.

“When sleep time was interrupted Plaintiffs were not able to get five hours of uninterrupted sleep. The night shift ended with breakfast from 4 a.m. to 5 a.m.,” the unpaid overtime lawsuit adds.

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