Tankermen and other maritime workers are told by their employers they are seaman and not due overtime pay; the truth is many of them are simply misclassified.
The tankerman's role is essential to the safety of our nation's transport and shipping industry. Tankermen are in charge of critical operations, with responsibility for protecting the environment by ensuring the safe transfer of products to barges. Tankermen and shipyard and dock workers are normally responsible for various duties, including:
- loading and unloading ships
- monitoring product levels in tanks,
- operating diesel engines,
- operating cargo pumps,
- operating tank/pipeline valves.
Most of the positions as tankermen, shipyard and dock workers and oil rig employees require long work hours. Tankermen must be certified by the U.S. Coast Guard with "Tankerman Endorsement," and they usually are required to work an on-call schedule. Many tankermen, dock and shipyard workers, oil rig workers, and other employees in the maritime industry have extreme scheduling demands and work environments, including:
- Exposure to all weather conditions, including extreme temperature, rain, ice, sleet, and wind\
- Ability to adapt to a variety of schedules and hours, including long hours during transfers
- Ability to work weekends, holidays, and at night.
Other positions in ports and docks include stevedores, dockworkers, wharfies and longshoremen. If you work in a shipyard, city port, oil rig, or a similar environment you should know that many workers in these fields are commonly misclassified under the "seaman exemption" of the FLSA and are denied overtime.
If you work for the following companies you should learn your proper FLSA industry classification so that you are being paid according to the FLSA. We are currently investigating overtime claims against the following transportation companies:
- Harley-Marine - marine transportation services (possible Tankerman overtime violation)
- Kirby Corporation - inland marine transportation (possible Tankerman overtime violation)
- Martin Resource Management Corporation - transport, marketing and logistics management services (possible Tankerman and longshoreman overtime violation)
- American Commercial Lines Inc. - transportation and manufacturing markets. (possible Tankerman overtime pay violation)