In what the American Waterways Operators has classified as a "significant legal victory for tank barge operators," the U.S. Court of Appeals for the Fifth Circuit in New Orleans ruled last week that work performed by vessel-based tankermen falls under the seamen’s exemption for overtime under the Fair Labor Standards Act.
In Coffin v. Blessey Marine Services Inc., the court referenced the July 2013 amicus curiae brief filed by AWO that highlighted the typical work and duties of a tankerman and the difficulties that an adverse ruling would have for the barge and towing industry. The decision in favor of Blessey Marine is important for other towing companies that have tankermen seeking overtime pay. The court said that the record established that Blessey's vessel-based tankermen performed only seaman work, making them exempt from the FLSA’s overtime provisions. Accordingly, the Fifth Circuit Court vacated the district court’s denial of summary judgment and remanded the case to the district court for entry of judgment in favor of Blessey Marine.
