786 F. Supp. 2d 1128
E.D. Va.2011Background
- This FLSA case involves APS's motion for summary judgment asserting the seaman exemption (29 U.S.C. § 213(b)(6)) bars overtime claims.
- Plaintiffs are Captains and Deckhands on APS-operated 29-foot tugboats servicing Naval Station Norfolk, Virginia.
- The boats are crewed two-person crews (Captain and Deckhand) and Moves are performed to open/close floating PSBs and tow objects.
- Contract terms specify a twelve-hour day with overtime defined as hours in excess of 12 hours; wage determinations govern pay.
- Plaintiffs' duties allegedly involve seamen's activities (operating, navigating, towing) with limited nonseamen tasks, and they wait for calls.
- Stipulated facts show extensive standby/waiting time with personal activities allowed, but Plaintiffs performed no substantial nonseamen work.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Plaintiffs were 'seamen' under the FLSA seaman exemption | McMahan argues not seamen for exemption purposes | APS contends Plaintiffs' duties are primarily seaman work | Plaintiffs are seamen; exemption applies |
| Whether Plaintiffs performed any substantial nonseamen work | Waiting/leisure time constitutes nonseamen work | Nonseamen work is not substantial; waiting time mirrors seamen duties | No substantial nonseamen work was performed |
| Whether the seaman exemption bars overtime claims as a matter of law | Overtime should be owed regardless of seaman status | Seaman exemption expressly bars overtime claims | Overtime claims barred by the seaman exemption |
Key Cases Cited
- Icicle Seafoods, Inc. v. Worthington, 475 U.S. 709 (U.S. 1986) (seaman exemption is a legal question grounded in fact)
- Walton v. Greenbrier Ford, Inc., 370 F.3d 446 (4th Cir. 2004) (determination of FLSA exemption is a legal question)
- Schmidt v. County of Prince William, 929 F.2d 986 (4th Cir. 1991) (non-exempt work versus seaman-related duties; waiting context discussed)
- Dole v. Petroleum Treaters, Inc., 876 F.2d 518 (5th Cir. 1989) (examines seaman status by nature of work performed)