The Attorney General shall fix a reasonable rate of extra compensation for overtime services of immigration officers and employees of the Immigration and Naturalization Service who may be required to remain on duty between the hours of five o’clock postmeridian and eight o’clock antemeridian, or on Sundays or holidays, to perform duties in connection with the examination and landing of passengers and crews of steamships, trains, airplanes, or other vehicles, arriving in the United States from a foreign port by water, land, or air, such rates to be fixed on a basis of one-half day’s additional pay for each two hours or fraction thereof of at least one hour that the overtime extends beyond five o’clock postmeridian (but not to exceed two and one-half days’ pay for the full period from five o’clock postmeridian to eight o’clock antemeridian) and two additional days’ pay for Sunday and holiday duty; in those ports where the customary working hours are other than those heretofore mentioned, the Attorney General is vested with authority to regulate the hours of such employees so as to agree with the prevailing working hours in said ports, but nothing contained in this section shall be construed in any manner to affect or alter the length of a working day for such employees or the overtime pay herein fixed.
Notes of Decisions
Alexander v. United States (1993)
uscfc · cites it 6×
“1 2 Plaintiffs, nineteen (19) present and former border patrol agents, brought this action pursuant to 8 U.S.C. § 1353a (1931) (1931 Act) and the Fair Labor Standards Act (FLSA) (codified as amended at 29 U.”
Bowser v. United States (1977)
cc · cites it 3×
“Plaintiffs have been amply compensated for their overtime duty under the terms of 8 U.S.C. § 1353a, which pertains specifically to employees of the Immigration and Naturalization Service, and provides, in pertinent part: The Attorney General shall fix a reasonable rate of extra…”
Allyn v. United States (1972)
cc · cites it 4×
“The statutory provision under which Immigrant Inspectors receive premium pay for “overtime” expressly states that it is applicable to “immigration officers and employees of the Immigration and Naturalization Service” (8 U.S.C. § 1353a (Supp. V, 1965-69)), and the similar…”
Alexander v. United States (1994)
cafc · cites it 3×
“FEPA precludes federal employees from obtaining overtime premium pay under FEPA for which compensation has already been provided under 8 U.S.C. § 1353a (the 1931 Act): This subchapter does not prevent payment for overtime services or for Sunday or *1575 holiday work under .”
Allyn v. United States (1972)
cc · cites it 3×
“The statutory provision under which Immigrant Inspectors receive premium pay for “overtime” expressly states that it is applicable to “immigration officers and employees of the Immigration and Naturalization Service” (8 U.S.C. § 1353a (1964, Supp. V)), and the similar provision…”
Thaxton v. Finch (1969)
txnd · cites it 2×
“Petitioner performed and was paid for these services pursuant to 8 U.S.C.A. § 1353a. 1 Such compensation was at least $50.”
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