详情

原文传递 Legal Talk

题名：	Legal Talk
正文语种：	eng
作者：	Daniel J. Hoerner
作者单位：	Mouledoux Bland Legrand & Brackett LLC
摘要：	In February, the U.S. Court of Appeals for the Fifth Circuit issued a significant ruling on the test for seaman status. However, unlike most cases on this issue, the challenge to the employees' classification did not deal with their legal rights and remedies under the Jones Act. Instead, it stemmed from a claim by an able-bodied (AB) seaman and his co-workers for overtime wages under the Fair Labor Standards Act (FLSA). The FLSA requires that any employee who works over 40 hours a week must be compensated at a rate not less than one-and-a-half times his regular wage. However, traditional seamen are exempt from this rule. In Adams v. All Coast LLC the workers claimed that they were not seamen within the meaning of the law because the majority of the work they performed was not maritime in nature and did not contribute to the operation of their employer's vessels. Rather, they spent at least 80% of their work time operating cranes and assisting with the transfer of cargo to and from vessels while the vessels were jacked up and stationary. The remainder of the time was devoted to vessel operations, and the workers ate, slept and performed most of their tasks aboard vessels.
出版年：	2021
期刊名称：	Work Boat
卷：	78
期：	5