When is a Deckhand not a Seaman?

Monday, August 22, 2005
The U.S. Court of Appeals for the First Circuit ruled that a deckhand might not be a seaman for purposes of the Fair Labor Standards Act (FLSA) and that the issue is a question of fact. In the instant case, plaintiff sued her employer, a commuter ferry, for failure to pay overtime as required by the FLSA. Defendant employer moved for summary judgment, contending a deckhand is a seaman and that seamen are exempt from the FLSA overtime requirement. The trial court granted the motion and plaintiff appealed, contending that she merely took passenger’s tickets, loaded and unloaded passengers, and ensured the safe exiting of passengers. The court held that regulations promulgated by the U.S. Department of Labor state that the character of the work performed, not the job title, determine whether an individual is exempt from the overtime requirement. Therefore, the trial court erred when it did not hold an evidentiary hearing regarding the work performed by the plaintiff. McLaughlin v. Boston Harbor Cruise Lines, Inc., No. 04-1519 (1st Cir., HK LAW)
Maritime Reporter January 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

‘Maritime Spectrum’ of CMMI a Big Draw

For The Company of Master Mariners of India, the conference “Maritime Spectrum” that comes at the turn of each year has become a brand in itself, and each one

Panama Flag Approval for Seagull

Seagull Maritime has become the first overseas company to secure training centre approval from the Panama Maritime Authority following the PMA’s 2014 change of leadership.

Sino-Global to Acquire Tanker

Sino-Global Shipping America, Ltd. a shipping agency, logistics and ship management services company, today announced that it has entered into a Memorandum of Understanding (the "MOU"),

 
 
Maritime Contracts Naval Architecture Navigation Pipelines Pod Propulsion Salvage Ship Electronics Ship Repair Ship Simulators Sonar
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.3722 sec (3 req/sec)