Tag: Seaman

• Maritime Casualty

  Seamen’s Recovery of Punitive Damages Against Non-Employer Third Parties

  • April 25, 2016
  • By Allen & Gooch

  We previously reported  on the dispute whether Jones Act seamen can recover punitive damages under general maritime law against non-employer third parties.  District court opinions on this issue have differed, mostly due to conflicting interpretations of prior U.S. Supreme Court and U.S. Fifth Circuit Court of Appeals decisions.   Hume v. Consolidated Grain & Barge, […]

• Maritime Casualty

  Seamen May Be Exempt from FLSA Overtime Rules

  • March 28, 2016
  • By Allen & Gooch

  Overtime Rules Under the FLSA The Fair Labor Standards Act (“FLSA”) requires that some employees be paid at least “one and one-half times” their regular wages for time worked over 40 hours in a workweek. 29 U.S.C. § 207(a)(1). However, the FLSA has an exemption for employees who are classified as “seamen.”  29 U.S.C. § […]

• Maritime Casualty

  Seaman Status of a Wireline Operator

  • February 22, 2016
  • By Allen & Gooch

  Seaman Status is a Two-Part Test We previously discussed that determining whether your employee is a seaman requires analysis of a two-part test.  First, the employee’s duties must “contribute to the function of a vessel or to the accomplishment of its mission.”  Second, the employee must have a connection to a vessel in navigation (or […]

• Maritime Casualty

  Recovery of Punitive Damages by Seamen in the Eastern District of Louisiana

  • January 11, 2016
  • By Allen & Gooch

  The availability of punitive damages for seamen has historically been a murky issue.  District courts are still attempting to decipher U.S. Supreme Court and Fifth Circuit jurisprudence to determine when punitive damages are available under the Jones Act and general maritime law.   Judges and jurists first look to the U.S. Supreme Court’s opinion in […]

• Maritime Casualty

  Fifth Circuit: Bystander Damages Not Available to Jones Act Seamen

  • March 27, 2014
  • By Allen & Gooch
  

  Jones Act Coverage Depends on the Danger Zone Jones Act seamen are only entitled to damages for emotional distress if they can pass the “zone of danger” test.  This test inquires whether a seaman was “physically impacted or within the zone of potential impact.”  See Naquin v. Elevating Boats, L.L.C., No. 12-31258 (5th Cir. March […]

• Maritime Casualty

  Fifth Circuit: Jones Act Seamen Need Not “Go to Sea”

  • March 21, 2014
  • By Allen & Gooch

  Requirements to Qualify as Jones Act Seamen As we previously discussed, Jones Act seamen must “contribute to the function of a vessel or to the accomplishment of its mission,” and they must also have a substantial connection to a vessel or fleet of vessels in navigation.  See Naquin v. Elevating Boats, L.L.C., No. 12-31258 (5th […]

• Maritime Casualty

  Jones Act: Verbal Settlement Agreements May Be Binding

  • January 31, 2014
  • By Allen & Gooch
  

  When seeking enforcement of a settlement, a Jones Act employer bears the burden of proving that the seaman had “an informed understanding of his rights and full appreciation of the consequences of executing the release.”  See Borne v. A & P Boat Rentals No. 4, Inc., 780 F.2d 1254 (5th Cir. 1986). Courts consider the […]