Page 26: of Marine News Magazine (July 2017)

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COLUMN LEGAL “Pursuant to the Department of Labor regulations, non-navigational work becomes ‘substantial’ if it occupies more than 20% of the time worked by the employee during a work week. Courts look to the nature of the work that the employee performs and not the description of the position or the place where the job is performed. As such, the application of the seaman exception to the FLSA is determined on a fact intensive, case-by-case evaluation.”

Although some employees will fall into clear categories past-due overtime wages, penalties and attorneys’ fees can of navigational or non-navigational positions, some posi- be signi