Structural Safeguards in Coast Guard Suspension and Revocation Proceedings
;ALJ will issue a decision and order after receiving the post hearing briefs and proposed findings and conclusions. The parties may appeal the ALJ’s decision to the Commandant and then to the National Transportation Safety Board, followed by an appeal to the appropriate U.S. Circuit Court of Appeals, then to the Supreme Court of the United States.The Administrative Procedure Act and Administrative Law JudgesThe Administrative Procedure Act (APA) of 1946 created the Administrative Law Judge (ALJ or Judge) function to ensure fairness in formal administrative proceedings before federal government
Supreme Court Sides With Offshore Worker in Overtime Case
Justice Elena Kagan decided that because the rig supervisor, Michael Hewitt, was paid a daily rate of $963 and not a salary, an overtime pay exemption in federal wage law for highly paid workers did not apply to him.The justices affirmed a 2021 ruling by the New Orleans-based 5th U.S. Circuit Court of Appeals that Helix must face Hewitt's 2017 lawsuit seeking overtime pay. That lawsuit now goes back to a federal judge in Houston.A 1940 regulation holds that highly compensated workers - currently defined as those earning $107,000 a year or more - would not receive overtime pay if they have supervisory
Chris Hughey Named FMC General Counsel
District of California.Hughey earned J.D. and LL.M. degrees from Cornell University in 1996, an MPA from Harvard University in 2007, and a B.A. from the University of North Carolina at Wilmington in 1993. He is admitted to the bars of the State of New York, the U.S. Supreme Court, the U.S. Court of Appeals for the District of Columbia Circuit, and the U.S. Court of Appeals for the Fourth Circuit
For Payroll Purposes, is Your Seaman Really a Seaman?
nature of the work that the employee performs and not the description of the position or the place where the job is performed. As such, the application of the seaman exception to the FLSA is determined on a fact intensive, case-by-case evaluation. Case in Point The Federal Fifth Circuit Court of Appeals recently considered a FLSA overtime case involving a vessel-based ROV operator, and its employee, a vessel-based ROV Operator. The employee filed suit against his employer for overtime wages and penalties alleging that he was not a seaman under the FLSA. The employer argued that the employee
Insights: USCG Can Suspend and Revoke Merchant Mariner Credentials
the evidence and issue a decision and order. The mariner can appeal that decision and order to the Commandant of the Coast Guard. The Commandant’s decision may be appealed to the National Transportation Safety Board. The Board’s decision can be appealed to the appropriate U.S. Circuit Court of Appeals and ultimately to the Supreme Court of the United States. Conclusion Congress established S&R proceedings to promote safety at sea. These proceedings are not penal in nature; that is, they do not constitute punishment. Rather, they are remedial to help maintain standards
Huffman Joins Blank Rome in Houston
Huffman will serve as a member of Blank Rome’s Maritime Emergency Response Team (MERT) to respond to pollution-related incidents and vessel casualties at a moment’s notice, and manage the potential civil and criminal consequences involved. Admitted to practice in Texas, the U.S. Court of Appeals for the Fifth Circuit, and the U.S. District Courts for the Southern, Eastern, and Western Districts of Texas, Huffman earned his J.D. from Baylor Law School and his B.S. from the United States Military Academy. While he was in law school, he was elected to the Order of the Barristers. Prior
