8 U.S.C. § 1353a — Officers and employees; overtime services; extra compensation; length of working day
submitted 95 years ago by ch. 368 to r/title-8-ALIENS-AND-NATIONALITY · 219 words · no verdicts yet
The Attorney General sets extra pay for immigration employees who work covered overtime. The statute gives formulas for evening, Sunday, and holiday work and allows port-specific hours without changing the workday or pay rules.
The Attorney General* must set reasonable extra compensation for immigration officers and employees required to work from 5 p.m. to 8 a.m., on Sundays, or on holidays, examining and landing passengers and crews arriving from foreign ports. Evening overtime earns one-half day's extra pay for each two hours, or fraction of at least one hour, beyond 5 p.m., up to two and one-half days' pay for the full 5 p.m.-8 a.m. period. Sunday and holiday duty earns two extra days' pay. At ports with different customary hours, the Attorney General may align schedules with local working hours, but this does not change the length of a workday or the overtime pay fixed here.
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.
Source credit: (Mar. 2, 1931, ch. 368, § 1, 46 Stat. 1467; Ex. Ord. No. 6166, § 14, June 10, 1933; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238; June 27, 1952, ch. 477, title IV, § 402(i)(1), 66 Stat. 278.)
- 1931Enacted · Act of Mar. 2, 1931, ch. 368 · 46 Stat. 1467
- 1952Amended · Act of June 27, 1952, ch. 477 · 66 Stat. 278
A history note hasn’t been published yet. The record shows enactment by ch. 368 on 1931-03-02.
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