On November 13, 2014, the Fifth Circuit handed down its opinion in Coffin v. Blessey Marine Services, Inc., No. 13-20144, 2014 WL 5904734 (5th Cir. Nov. 13, 2014). The opinion addressed several key factors related to the FLSA's seaman exemption:
- Finding that unloading and loading of vessels is not strictly "nonseaman" work;
- Limiting its prior holding in Owens v. SeaRiver Maritime, Inc., 272 F.3d 698 (5th Cir. 2001);
- Requiring that each case and individual be analyzed under a facts-and-circumstances test to determine applicability of the seaman exemption; and
- In dicta, intimating that the Department of Labor's "twenty percent rule," is also not a bright-line test. To read more, see a fuller discussion on our Class and Collective Action Blog.
Fifth Circuit Refuses Application Of Bright-Line Test In FLSA Seaman Exemption Dispute
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
