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Verrill Dana, LLP

Verrill Dana, LLP is one of New England's preeminent regional law firms. With offices in Portland and Augusta, ME; Boston, MA; Westport, CT; Providence, RI; and Washington D.C. Verrill Dana provides sophisticated legal representation to businesses and individuals in the traditional areas of litigation, real estate, business law, labor and employment law, employee benefits, environmental law, intellectual property and estate planning.  The Firm also has industry-focused specialties including higher education, health care and health technology, energy, and timberlands. 

Disclaimer:  The content presented in this blog is for general information only, is not intended to constitute legal advice and cannot be relied upon by any person as legal advice. While we welcome you to contact our blog authors at hrlawupdate@verrilldana.com, the submission of a comment or question does not create an attorney-client relationship between the Firm and you. 

Entries in Longshoremen (2)

Wednesday
May242017

PODCAST - Workers Compensation in a Modern Marine Economy

The so-called “blue economy” is evolving at a rapid pace.  As a result, innovative marine-based businesses are finding themselves exposed to risks when technological development outpaces legal development.  This podcast discusses the risk of worker’s compensation exposure that modern marine businesses face and how best to manage that exposure. Listen to the podcast below or download it on Soundcloud or iTunes

Tuesday
Feb092016

Seaman Experience a Texas-Sized Controversy Under the FLSA

Hey Tex, when is a sailor not a sailor? According to the Fifth Circuit, when the sailor’s primary duty is unloading cargo. When we New Englanders think of Texas, we think of open prairies, Cadillacs with horns, and oil fields. But for the last two years there has been a Texas-sized controversy involving the definition of the FLSA’s definition of a seaman. In Coffin v. Blessey Marine Services, Inc. a group of workers served aboard a tug and barge refueling ships on the Gulf Inter-costal Waterway. As sailors, they were exempt from the FLSA. The workers did not dispute that they were sailors when they worked on the tug, but claimed to be longshoremen when they walked onto the tug to engage in refueling operations. The employer argued that the employees were primarily engaged in operating the tug, not in unloading cargo. The Fifth Circuit agreed but in doing so engaged in an excruciatingly detailed analysis of the job duties performed by the employees. Other than the odd visualization of a Texan Sailor, this case illustrates how much the facts matter in FLSA cases and how critical it is gather those facts when there is a complaint.