Raymond J. Donovan, Secretary of Labor, United States Department of Labor, (Successor to Marshall) v. Nekton, Inc.
Opinion
Opinion
The Secretary of Labor (Secretary) filed an action to enjoin Nekton, Inc. (Nekton) from violating the overtime compensation provisions of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201 et seq. (FLSA). The Secretary also seeks unpaid overtime compensation for “marine technicians” and “electronics technicians” employed aboard Nekton’s oceanographic research vessels.
The district court found Nekton in violation of the FLSA, and Nekton appeals.
The sole issue is whether marine technicians and electronic technicians aboard oceanographic research vessels are “seamen” within the meaning of 29 U.S.C. § 213 (b)(6) and therefore exempt from the overtime cpmpensation provisions of the FLSA.
Facts
Nekton is a California corporation which performs oceanographic, seismologieal, and geological research principally for govern ment agencies and oil companies. Nekton owns three oceanographic research vessels (ORV’s), all of which are under United States registry. The vessels collect data but have no laboratories on board. Most of Nekton’s surveys are conducted off the coasts of the United States and Mexico.