How many hours can a boat captain drive a boat by him/herself?  If a
captain is paid hourly is he eligleble for overtime pay?

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Request for Question Clarification by pafalafa-ga on 27 Jun 2005 15:24 PDT

Where is this captain?  New Jersey?  Tunisia?  Lake Baikal?

Inquiring minds want to know...


pafalafa-ga

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Clarification of Question by boommia-ga on 27 Jun 2005 20:08 PDT

I am a captain in miami florida for a company called Sea Tow, I have
been working 75hr weeks without overtime and i am paid hourly.  I am
driving boats on the ocean 20hrs at a time by myself.  thank you for
any help

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Request for Question Clarification by czh-ga on 28 Jun 2005 01:52 PDT

Hello boommia-ga,

It sounds like you're classified as an exempt employee which means you
get paid the same amount regardless how many or how few hours you
work. You're simply paid the agreed upon salary. Contradicting this,
you say that you are paid hourly, which would mean that you're a
non-exempt employee.

Can you tell us more about your situation? Are all captains at Sea Tow
paid hourly? Are you considered a contract employee by any chance? Are
your wages reported on a W-2 or do you get a Form 1099 at the end of
the year?

The more you can tell us about your circumstances, the more likely
someone will be able to give you an answer. Good luck.

~ czh ~

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Clarification of Question by boommia-ga on 28 Jun 2005 03:26 PDT

All Three of the captains at sea tow are paid hourly.  We are not
contract employees, we do not get a 1099, we get a w-2.  I think the
loop hole reason we are not getting overtime is because we a marine
industry and somebody told me that they do not have to pay us
overtime. But we are a shore station we are not doing long cruises we
do short tows, i think that (supposed) law is for a capt/crew of a
cruise ship or freighter, that travel many miles and they are
costantly working.  thank you again for any help

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Request for Question Clarification by pafalafa-ga on 28 Jun 2005 04:23 PDT

Seems to me you have two issues here:  (1) a safety issue of how many
continuous hours one is allowed to captain a boat and (2) Do captains
get overtime?

The Florida Agency for Workforce Innovation has a toll-free number for
labor law issues at: 1-800-342-3450.  You may want to give them a call
regarding both questions.

Let us know how it works out.


pafalafa-ga

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Request for Question Clarification by czh-ga on 28 Jun 2005 11:03 PDT

Hello again boommia-ga,

You said, "I think the loop hole reason we are not getting overtime is
because we a marine industry and somebody told me that they do not
have to pay us overtime."

I believe part of the issue that has to be settled is your standing as
a seaman under the terms of the Federal Labor Standards Act. Certain
maritime workers are exempt from FLSA regulations. Are you employed on
an "American Vessel"? Another issue that might have to be considered
is regulation of hours of work and hours of mandated rest.

http://www.washingtonwatchdog.org/documents/cfr/title29/part783.html
Code of Federal Regulations -- Title 29 Labor 
PART 783?APPLICATION OF THE FAIR LABOR STANDARDS ACT TO EMPLOYEES
EMPLOYED AS SEAMEN

Can you tell me anything more about your situation? Thanks.

~ czh ~

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Clarification of Question by boommia-ga on 28 Jun 2005 15:20 PDT

Thank you for your help so far, I read the cfr's about the "seaman"
and "american vessel".  I am a captain on a one manned tow boat that
is land based.  I thnk that the law was designed for the crew on board
a larger vessel that stands watches and has a crew, a seaman is a crew
member.  Our boats are american boats but they are registered to the
state of florida not federal.  And I work as a captain not a seaman. 
i will call the number that was given.  I also spoke to my employer
about the overtime situation and he told me that he was covered under
the Jones Act. and that we are insured under the jones act, i think
that they are taking advantage of this Act.  does this help.  Let me
know if i need to post a new ?

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Request for Question Clarification by czh-ga on 28 Jun 2005 21:46 PDT

Hello boommia-ga,

I think we're making progress on sorting out your situation. Refence
to the Jones Act was helpful. Unfortunately, I don't think it explains
what overtime rules are being applied. My quick reading about the
Jones Act seems to say that it relates to worker injuries -- sort of a
workers' comp act for maritime workers.

http://en.wikipedia.org/wiki/Jones_Act_(sailor_rights)
Jones Act (aka Merchant Marine Act)

http://www.jonesact.com/
INJURIES UNDER THE JONES ACT & MARITIME LAW 

http://www.lwcc.com/articles_legal.cfm?c=3&a=72
A Primer on Jones Act Coverage

It looks like it will take a lot of effort to find the information
about the laws and regulations that govern hours of work and overtime
for employees in your situation.

Since you're a first time poster you may not be familiar with the
workings of Google Answers. I suggest that you review these links so
that you can get the most out of this service. You will have to raise
your price to get a complete answer or you can leave it as is and hope
for the best.

http://answers.google.com/answers/faq.html
http://answers.google.com/answers/pricing.html

Wishing you well.

~ czh ~

The labor laws of the state they are based in would apply.  Contact
them for to see if they have jurisdiction over your employer.  Just
like truck drivers - there must be limits on the time you can captain
a boat without a break or rest period.
The USCG probably regulates that and if they don't should be able to
tell you who does.

Two calls, state dept. of labor and USCG should answer your questions

This is actually an interesting question. I suspect this is a Federal
topic, in that he's on federally-controlled navigable waterways.

The questioner might consult a lawyer specializing in maritime law.

thanks to all for your ideas and concerns, i just e-mailed a lawyer
specializing in the Jones act, the act that my employer claims the
reason he does not have to pay me overtime, the act is about workmens
comp. for mariners but it defines what a "Seaman" is which is a
catagory that i fall under.  the FDLA has a few exceptions to the
overtime rule that i am looking into and I think that a "seaman" is
not untitled to overtime but my not apply to somebody paid hourly.

The STCW laws that cover the amount of hours that can be worked by
"watchkeeping personnel" do not cover Captains or Chief Engineers.
This is for the simple reason that they need to be up for emergencies
(or "overriding operational conditions"). I am not sure the size the
vessel needs to be but would imagine that you would need to live on
the boat.
Here is the Coast Guard's answer:
http://www.uscg.mil/stcw/s-handbk12.htm