Fifth Circuit Refuses Application of Bright-Line Test in FLSA Seaman Exemption Dispute

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  • 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.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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