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 August 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Nigerian Oil Workers Call Off Strike After Talks with Government

Nigerian oil workers' unions have called off a four-day strike after reaching a deal with the government in a dispute over pensions, they said on Saturday. A

Nigerian Minister Pledges $1.3 bln for Power Companies

Nigeria's oil minister announced a 213 billion naira (1.3 billion US dollar) bail-out package for power companies on Saturday, nearly a year after the sector was privatised.

Russia's Yamal LNG Project May Tap Wealth Fund in 2014

Russia's Novatek may get funds from the National Wealth Fund for its Yamal LNG project before the year-end, a minister said, as part of government plans to support sanction-hit companies.

 
 
Maritime Contracts Maritime Security Maritime Standards Naval Architecture Navigation Offshore Oil Pod Propulsion Port Authority Ship Repair Shipbuilding / Vessel Construction
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: 0.4790 sec (2 req/sec)