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

AMENDED OPINION

Before WRIGHT, SNEED, and ALARCON, Circuit Judges.

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…