O/T for non-exempts working in Europe

tracey

We are an aviation firm about to send
an aircraft for a 6-month stint flying between
Europe and Africa. In addition to pilots,
we have contracted to send non-exempt mechanics
for the tour. Time tracking will be difficult -
does anyone know if we can reclass these guys
to exempt for this project only, and pay them
an "enriched" salary? Are the overtime rules
for non's still in effect if on foreign soil?
Thanks for any guidance....tb

Shadowfax

OK. I have absolutely no experience or knowledge relating to this, but I'll take a whack at this: If the employer is 'engaged in commerce' I don't think it matters if the employee is stationed on foreign soil or not. Reg 203 defines engaged in commerce as 'trade...etc among the several states or between any state and any other place'. Of course, I don't know what your planes are doing betwen Europe and Africa, but if it somehow affects trade in the US, then I think you're stuck. Reg 206 picks up some additional folks, including any employer providing contract services (other than linen supply) under a contract with the United States or any subcontract thereof..etc...then references the Services Contract Act of 1965, but requires wages consistent with the FLSA.

Whatever

I have no experience on this, therefore, I would check to see if the laws of other countries would apply.