Larry Worthington, Roger Cameron, David Davey and Gerald Kent, Plaintiffs- Cross-Appellees v. Icicle Seafoods, Inc., a Washington Corporation, Cross

Maintenance employees aboard a non-self-propelled fish processing barge sued to recover unpaid overtime compensation under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201-219 (1982) (FLSA). The district court found the maintenance employees exempt from the overtime provisions of the FLSA. These employees appeal that determination.

Three issues are presented: (1) are maintenance employees aboard non-self-propelled fish processing barges “seamen” within the meaning of 29 U.S.C. § 213 (b)(6), and therefore, exempt from the overtime compensation provisions of the FLSA; (2) are such employees exempt from overtime as “employees employed in first processing at sea in conjunction with fishing operations” under 29 U.S.C. § 213 (a)(5); and (3) did the district court err in denying the defendant’s motion seeking a “protective order” barring solicitation of additional plaintiffs?

FACTS

Icicle Seafoods, Inc., (Icicle) is a Washington corporation which owns and operates a non-self-propelled seafood processing barge, the Arctic Star. The barge is towed from place to place in the waters of Alaska, British Columbia, or Washington, depending on the run of the catch delivered…