In Jackson v. Chem Carriers, LLC, the Louisiana First Circuit Court of Appeal reversed the trial courts judgment and held that a renovated barge was not a vessel in navigation and that the plaintiff did not qualify as a seaman because his work duties did not take him to sea.
Fifth Circuit Refines The Test For Seaman Status In Jones Act Claims: Will The Ninth Circuit Follow? - Transport mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.
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Upholding the trial court’s dismissal of an FLSA collective action, the Fifth Circuit Court of Appeals reiterated that an employee’s commute time is compensable only when the commute is “integral and indispensable” to the employee’s job duties.
Bennett v. McDermott Int’l, Inc., 2021 U.S. App. Lexis 10948 (5th Cir. Apr. 16, 2021). The Fifth Circuit has jurisdiction over the federal courts in Texas, Mississippi, and Louisiana.
The plaintiff-employees and their putative class members were employed under a contract related to a natural gas liquefaction facility in Hackberry, Louisiana. Because of the remote location of the facility, they were required by the company to travel to designated park-and-ride sites and then ride employer-provided buses to and from the facility.
Thursday, May 6, 2021
Upholding the trial court’s dismissal of an FLSA collective action, the Fifth Circuit Court of Appeals reiterated that an employee’s commute time is compensable only when the commute is “integral and indispensable” to the employee’s job duties.
Bennett v. McDermott Int’l, Inc., 2021 U.S. App. Lexis 10948 (5th Cir. Apr. 16, 2021). The Fifth Circuit has jurisdiction over the federal courts in Texas, Mississippi, and Louisiana.
The plaintiff-employees and their putative class members were employed under a contract related to a natural gas liquefaction facility in Hackberry, Louisiana. Because of the remote location of the facility, they were required by the company to travel to designated park-and-ride sites and then ride employer-provided buses to and from the facility.