Gambling Boat Crew Members Were Exempt From Overtime Provisions Of The Fail Labor Standards Act Since They Were Seaman. Summary Judgment Granted For Owner
GLEN TATE, et al., Plaintiffs, v. SHOWBOAT MARINA CASINOPARTERNSHIP, et al., Defendants.
No. 02 C 3432
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OFILLINOIS, EASTERN DIVISION
357 F. Supp. 2d 1075; 2005 U.S. Dist. LEXIS 6245
PROCEDURAL POSTURE: Plaintiff employees filed suit against defendant vessel owners, seeking overtime pay and damages for delay in payment pursuant to the Fair Labor Standards Act (FLSA), 29 U.S.C.S. § 201 et seq. The owners filed a motion for summary judgment.
OVERVIEW: The employees, who worked as crew members on a gambling boat, claimed that they were entitled to overtime pay under the FLSA. The owners contended that the employees were exempt from the overtime provisions of the FLSA under 29 U.S.C.S. § 213(b)(6) because they were employed as "seamen" on a vessel. The court held that the owners were entitled to summary judgment on the employees' claims because: (1) the employees were considered seaman for purposes of the Jones Act, 46 U.S.C.S. app. § 688, and, thus, a presumption arose that they were seaman under the FLSA as well; and (2) there was no genuine issue of material fact such that the employees could rebut the presumption that they were seaman. The court found that the activities relied upon by the employees in support of their assertion that they spent over 20 percent of their time on non-maritime services--acting as security guards, greeting guests while they stood watch on the rampway, changing and cleaning ceiling tiles, performing general housekeeping duties, moving slot machines and furniture, and answering telephones--were in fact maritime services because they were related to the safety of the boat as a ship and not a casino.
OUTCOME: The court granted the owners' motion for summary judgment.
