Do

Do v. Ocean Peace Inc.

Good Law
279 F.3d 688
United States Court of Appeals for the Ninth CircuitJanuary 29, 2002Nos. 01-35177, 01-35179California2,194 words

Opinion

Lead Opinion

McKeown, J.

Bora Do and Tinh Pham seek wages owed them by Ocean Peace, Inc. (“Ocean Peace”), for work performed aboard its fishing trawlers. The district court granted summary judgment in favor of Ocean Peace on Do’s and Pham’s claims under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201-219 , because of an exemption for employment relating to the “first processing” of marine products in conjunction with fishing operations. The district court also granted summary judgment to Ocean Peace on Do’s and Pham’s remaining wage claims because of their failure to file suit within the six-month limitations periods specified by their contracts and 46 U.S.C. § 10602 . The questions before us now are whether Do and Pham are exempt employees under FLSA’s “first processing” provision and whether the six-month limitations periods are applicable. We hold that the “first processing” exemption does apply, but that the six-month limitations periods do not.

*690 BACKGROUND

In June 1999 Bora Do (“Do”), her husband Hoang Do, 1 and their friend Tinh Pham left their homes in Virginia to seek work in the Alaskan fishing trade. They applied for jobs, as fish processors with Ocean Peace at its Seattle office.…

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