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Hazard Pay Questions

What is Hazard Pay?

Hazard pay is a form of reimbursement that is awarded to employees who have been asked to remain and show up for work in situations that are considered hazardous or dangerous condition, such as war or active hostilities, and where evacuation of families and extra staff have taken place. Read below where the Experts have provided legal answers to many questions relating to hazard duty pay.

Is there a law in South Dakota stating the hazard pay and foreign pay is to be excluded from child support?

In the state of South Dakota there is no law stating that hazard/Foreign Service pay is to be excluded from child support. The court will grant the child support based on the entire income. The tax free income and the number of hours they have worked are not guaranteed to have anything to do with the calculations regarding child support.

When going through a divorce in North Carolina, if someone is receiving base pay and temporarily receiving hazard pay, can that be used to pay child support?

The state of North Carolina guidelines state that gross income is used for child support. Income means the parents actual gross income from any source, including but not limited to; income from employment or self employment, ownership of a business, rental property, retirement, interest, trusts, social security benefits, workers compensations benefits, unemployment, disability and insurance benefits, gifts, prizes and alimony received from another person to the party included. When income is received on either irregular, non-recurring or on a one time basis, the court may prorate the income over a certain period of time, or require the parent to pay child support a percentage of their non-recurring income that is about the same as the percentage of their recurring income.

If someone works under contract in Afghanistan, a contract bid happened and a new company took over, at that time hours and pay were affected. Specifically hazard pay and ISO are they violating any laws.

If an employment contract is in place and is also under a government contract, then the contractor is obligated to pay as in the contract. Without reading the actual contractor contract, and going off the information supplied, it seems that there is an infringement of the contract. Violations are reported to the Government Contracting Office of the General Services Administration (GSA), where they will look into the situation and recoup any monies owed.

If someone has been requesting hazard pay as a professional timber faller for the National Park Service and their requests have been denied with the explanation that it is not authorized. The trees they cut are trees that are considered hazards due to the trees being dead and if were to fall would land on things such as houses. Since falling hazard trees is not in their job description, are they at fault, since there is a large hazard involved in falling these trees?

The US Dept. of Labor says that "hazard pay means additional pay for performing hazardous duty or work involving physical hardship. Work duty that causes extreme physical discomfort and distress which is not adequately alleviated by protective devices is deemed to impose a physical hardship. The Fair Labor Standards Act (FLSA) does not address the subject of hazard pay, except to require that it be included as part of a federal employee's regular rate of pay in computing the employee's overtime pay."

If a the company that someone works wants to send them into Saudi Arabia, where it is recommended that Americans do not travel, with no hazard pay or security offered. Can they terminate the employee for being unwilling to go?

If your employment is terminated by your refusal to go, then it is possible that you would have a wrongful termination claim for breach of the duty of good faith and fair dealing due to their placing their needs in front of your safety without provisions for safety. On the other hand if you willing terminate yourself, you may also claim constructive discharge because, a rational person would leave under the pressure of going. If they have not made your employment conditional on this point, wait for them to do so. Either way eligibility for unemployment benefits should be available.

Many times an employee is asked to work in a dangerous situation, and is offered hazard pay. Many questions arise when dealing with these types of situations; contact an Expert to gain insight and answers to many asked questions on employment laws. Experts have many years of experience on employment laws.
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