Avast! – Tankermen Held To Be Seamen Exempt From FLSA Overtime Pay Requirements

In a much and long anticipated ruling, the Fifth Circuit in Coffin v. Blessey Marine Services, Inc., No. 13-20144 (5th Cir. Nov. 13, 2014), has held as a matter of law that vessel-based tankermen (specially trained/experienced deckhands who handle the loading/unloading of liquid petro-chemical cargos on tank barges) are seaman, thus exempting them from the overtime pay provisions of the Fair Labor Standards Act (“FLSA”) (29 U.S.C. §§201-219), which exempts from the overtime provisions “any employee employed as a seaman.” 29 U.S.C. § 213(b)(6). (more…)

To Hell With “Oh, Hell, Why Not” – The Fifth Circuit en banc Reverses Estis v. McBride Well Service, L.L.C.

In a much anticipated ruling, the Fifth Circuit en banc has reversed the original panel ruling in Estis v. McBride Well Service, L.L.C., 731 F.3d 505 (5th Cir. 2013), which sent shockwaves through the maritime bar and industry alike when it proclaimed that Jones Act seaman could collect punitive damages for general maritime law claims of unseaworthiness, upsetting years of precedent to the contrary (as previously reported on Striding the Quarterdeck).  The en banc reversal has essentially reined in the (as described in Judge Clement’s concurrence) “collective judicial ‘oh, hell, why not’ principle that holds that because punitive damages are available in many other types of actions they should also be available in unseaworthiness cases.” (more…)

THE OSV REGS COMETH

As previously reported here, the offshore industry has been anxiously awaiting new United States Coast Guard (USCG) regulations for large offshore supply vessels (OSVs) in the wake of the 2010 Coast Guard Authorization Act (CGAA), which removed the prior statutory bar prohibiting US-flagged OSVs over 6,000 gross tons. Four years after the CGAA, the USCG has followed through on its promise this past winter that the long-awaited regulations would be forthcoming, and has issued an interim rule setting forth comprehensive regulations for this new class of US-flagged OSVs. 79 Fed. Reg. 48894. The new, and long overdue, interim rule for large OSVs comes at a critical time on the back of an ongoing OSV construction boom, with OSVs increasing in both size and technical capacity to meet the needs of deeper and deeper offshore exploration projects. (more…)

A Day At The Beach: Fifth Circuit Rejects Expansive Situs Definition For LHWCA Comp In BP Beach Cleaning Case

The Fifth Circuit recently reversed, per curiam, a district court decision finding that a contract worker cleaning oiled beaches near Grand Isle, Louisiana, in the wake of the 2010 Macondo oil spill qualified as a longshoreman for purposes of receiving compensation payments under the Longshore Harbor Workers Compensation Act (LHWCA). Global Mgmt. Enters., LLC v. Commerce & Indus. Ins. Co., 13-31249 (5th Cir. June 23, 2014). The Global decision is the second important decision in as many years from the Fifth Circuit (see also New Orleans Depot Servs. Inc. v. Director, Office of Worker’s Compensation Programs, 718 F.3d 384 (5th Cir. 2013)to address the often problematic nuances of the “situs” requirement for LHWCA compensation claims. (more…)

When Can Twelve Turn into Twenty-Four? Calculation of FMLA Leave for Vessel-Based Employees

The Family and Medical Leave Act (“FMLA”) ensures an employee the ability to take leave and return to work within twelve “workweeks” of a qualifying event. Employers that do not honor the protections of the FMLA risk a lawsuit from the employee or the Department of Labor seeking damages. The damages can include back pay, front pay, lost benefits, liquidated damages, reasonable costs for care of a family member, equitable relief, reinstatement and promotion (if otherwise entitled), attorneys’ fees, and other court costs. Despite its mountain of regulations, and over twenty years on the books, some questions remain unanswered. (more…)