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American flag boats: How do you comply with time and attendance regs?
Yachtie123
Posted: Wednesday, June 21, 2017 11:55 AM
Joined: 04/06/2008
Posts: 18


Hi American flag boats,

So under the FLSA, businesses are required to keep accurate records of employee work hours. Do you have a time keeping method you use?


William55
Posted: Friday, June 23, 2017 3:51 PM
Joined: 13/06/2017
Posts: 1


Yes, it's very simple. As yacht crew, that includes

Captains, Mates, Chefs, Engineers, Stews, Deck,

from the time we are hired, we are on call, or on 

job, if traveling, 24 hours a day. So when you're 

doing your salary requirements, divide your 

salary by 365 days a year, by 24 hours a dayand 

that's what you make an hour. Example below,

Based on a Captains salary on a 100-120 ft Yacht

$100,000.00 divided by 365 days = 274.00 daily

$274.00 divided by 24 hours = $11.41 per hour

Do you think we are being over paid ???????


Ken Bracewell
Posted: Friday, June 23, 2017 11:17 PM
Joined: 21/05/2008
Posts: 5


If you read the Fair Labor Standards Act a bit more closely, you'll learn that Mariners (and Migrant Farm Workers, for that matter) are exempted from this requirement.
Yachtie123
Posted: Wednesday, June 28, 2017 7:59 AM
Joined: 04/06/2008
Posts: 18


Thanks, Ken.

I wasn't aware of that but I'll look into it.

 


Yachtie123
Posted: Wednesday, June 28, 2017 8:24 AM
Joined: 04/06/2008
Posts: 18


So I checked.

It turns out that a "persona employed as a seaman" shall be exempt from the FLSA overtime regulation. 

BUT

An employee shall only be considered a seaman while performing tasks that aid the operation of the vessel as a means of transportation. Repairs between navigational seasons are not considered as such (neither are washdowns, detailing, etc.) and during that time the employee will not be considered as employed as a seaman. With regards to interior crew there is even a bigger question of whether they are employed as a seaman at all (only with regards to FLSA, of course). Going just by the article I link to below, interior crew would not be considered to be employed as a seaman and would be under overtime regulations even while the boat is in transit. 

This is my reference: https://www.dol.gov/whd/opinion/FLSA/2006/2006_11_30_44_FLSA.htm


Ken Bracewell
Posted: Thursday, July 13, 2017 12:19 AM
Joined: 21/05/2008
Posts: 5


Yachtie123 wrote:

So I checked.

It turns out that a "persona employed as a seaman" shall be exempt from the FLSA overtime regulation. 

BUT 

An employee shall only be considered a seaman while performing tasks that aid the operation of the vessel as a means of transportation. Repairs between navigational seasons are not considered as such (neither are washdowns, detailing, etc.) and during that time the employee will not be considered as employed as a seaman. With regards to interior crew there is even a bigger question of whether they are employed as a seaman at all (only with regards to FLSA, of course). Going just by the article I link to below, interior crew would not be considered to be employed as a seaman and would be under overtime regulations even while the boat is in transit. 

This is my reference: https://www.dol.gov/whd/opinion/FLSA/2006/2006_11_30_44_FLSA.htm


I suppose you could hire a lawyer to look into it if you have a reason to be concerned. I once took command of a Cayman flagged yacht, owned by a US Corporation. Prior to my arrival this issue came up, so a time clock was installed in the crew mess.
I found the whole thing to be ridiculous, so I took the time to read the FLSA and sent my opinion to Corporate Counsel for a final ruling. They decided that it was defensible and the clock was removed.
That being said, I've never had an issue in 20 years.