b'LEGAL MATTERSSeaman Overtime Exemption:LEGAL MATTERSBeware Of State Law STEVEN E. BERS, ESQ. // PVA GENERAL COUNSELT heFairLaborStandardsAct,state in which the overtime exemptionance of the exemption under state law. thefederalminimumwageis not recognized. Amistakeinclaiminganovertime andovertimelaw(FLSA),exemptionnotallowedbystatelaw provides an overtime exemption to in- TheFLSAexpresslyallowsstatestocan result in substantial financial ex-dividuals employed as a seaman. 29override federal law and refuse to rec- posure for back-wages, penalties, and U.S.C.21(b)(6). For purposes of theognize the Federal Seaman Exemptionattorney fees. FLSA, a seaman is defined narrowly asmakingtheexemptionunavailable. an employee who works on a vessel (1)The FLSA provides: Vessel owners can under the authority of the master, (2) whose work is primarily to aid in theNo provision of this chapter orbe easily misled operationofthevesselasameansofofanyorderthereundershallby researching the transportation, and (3) who does not doexcuse noncompliance with anyinternet for guidance. a substantial amount of work of a dif-State law or municipal ordi-ferent in nature. Thus, boat engineers,nance establishing a minimum A mistake inCOI (certificate of inspection)-requiredwage higher than the minimumclaiming an overtime deckhands and masters are usually ex- wageestablishedunderthis empt under the federal exemption.chapteroramaximumworkexemption notweek lower than the maximumallowed by state Waitstaff, bartenders, and concession- workweekestablishedunder aires on vessels are usually not exempt,this chapter. law can result in as they are not primarily involved insubstantial financial the operation of the vessel as a means29 U.S.C.218(a). As interpreted toexposure forofconveyance.(Note,asapointofdate, this section of the FLSA provides frequentconfusion,forpurposesofforreversepre-emption;therightofback-wages, penalties, the Jones Act applicable to maritimestatestooverridefederallawastoand attorney fees. injuries,thedefinitionofseamanisexemptionavailability.Indeed,many much broader, such that waitstaff andstates have, in fact, declared that the bartendersandon-vesselconcession- FederalSeamanExemptiondoesnotBottomlinebeforeclaimingthe aires may be considered seamen, moreapply to marine workers in those states.SeamanExemption,avesselowner broadly defined as persons aiding inMost notably, by example, New Yorkshould consult the state law in the wa-the overall mission of the vessel.) and California do not allow employersters where employment occurs.to utilize the Seaman Exemption. ManyPVAmembershavetradition-ally availed themselves to the federalVessel owners can be easily misled bySince1990,StevenBers,Esq.,has overtime exemption, especially avoid- researching the internet for guidance.advisedpassengervesselownerson ingtheextraexpenseofovertimeA recent survey of internet maritime/ legalmatersrelatingtomarinelaw during high season, when hours canFLSA exemption articles show repeat- andmarineemployment.Healso be long. But there is a possible trap ined affirmations of the Federal Seamanserves as PVAs General Counsel, and using the Federal Seaman Exemption,Exemption, but almost no cautionarycan be contacted at 410-347-8724 or forvesselbusinessesoperatinginawarningastothepossibledisallow- sbers@whitefordlaw.com. 41 MARCH 2025'