Taking Care of HR Business
        A blog from the attorneys of Verrill

        Casino Owner’s “Seaman Exemption” On the Rocks in Georgia

        March 24, 2016

        We love boat cases! We also love it when our colleagues makes clever arguments, even if those arguments are a bit of a stretch. The casino ship Emerald Princess II hailed from the port of Brunswick, Georgia. On weekdays, she would take a boatload of adventure seekers on a six hour tour, a six hour tour. On the weekends, the good ship would sail on a five hour day cruise, then again on a six hour evening cruise. For their work, dealers received $20-35$ per shift, plus their share of the tip pool. When the weather started getting rough, the dealers sued their direct employer and the owner of the ship for violating the FLSA by not paying them overtime and for dipping their toes into the tip pool.

        If not for the courage of the fearless members of the Defense team, the case would be lost. To their credit, Defendants made several effective arguments, but one argument caught our eye. Defendants argued that the dealers were seaman under the FLSA and therefore exempt from overtime requirements. Now the definition of “seaman” is not uncharted. The DOL regulations and guidance say an employee is a seaman only if:

        He performs, as master or subject to the authority, directions, and control of the master aboard a vessel, service which is rendered primarily as an aid in the operation of such vessel as a means of transportation, provided he performs no substantial amount of work of a different character.

        The intrepid “seaman” in this story primarily dealt cards, operated table games and counted chips. In fact, they were told that if they so much as touched anything mechanical or electrical on the ship, they would be fired, and probably hit with a hat. The judge would have none of it and denied Defendants’ argument.

        This case has a couple of takeaways: (1) If you are an employer, although it may look as inviting as a tropical lagoon, keep your hands out of the tip pool. (2) It’s springtime in the Northeast and the tourist boat will soon be plying the cold Atlantic waters. This might be a good time to look at who does what on the boat. (3) As lawyers, we often make great arguments in briefs, only to have the court turn those arguments around in the opinions, so we’ll cut these folks some slack. (4) If you’re about to board the Emerald Princess II and you see the captain chasing around the mate, while an obnoxious wealthy couple chats it up with a scientist and a red-head in a cocktail dress, turn around…and take the Iowa farm girl with you.

        Taking Care of HR Business

        Human resource professionals, supervisors, and company executives are constantly confronted with a changing legal landscape. Verrill’s Taking Care of HR Business blog is designed to keep you informed about the latest and most significant legal developments that affect employers.

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Media Mentions

        Robert Keach Quoted in Law360 on SIMAD Summer Camp Bankruptcy Sale

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the Chapter 11 bankruptcy proceedings involving SIMAD Holdings and...
        Media Mentions

        Chris Tsouros Featured in Law360’s Coverage of Sports Real Estate Deals

        Verrill Partner Chris Tsouros was recently recognized in a Law360 article highlighting law firms involved in significant sports real estate projects...
        Blog

        What Maine’s New Employer Surveillance Law Means for Maine Employers

        Maine employers who monitor their workforce, whether through productivity software, GPS, call recording, or cameras, have a new compliance obligation...
        Blog

        Run Don’t Walk: The Implication of “While Supplies Last” Prize Promotions

        This month a big-chain grocery store has been offering daily mystery boxes during specific timed drops on a first-come, first-served basis, to users...
        Blog

        Maine’s Noncompete Statute is Reshaped for Health Care Workers: What You Need to Know

        Employers of individuals who are licensed under state law to perform, or provide, health care services in the State of Maine should be prepared for...
        Media Mentions

        Steven Davis Featured in the Environmental Business Journal

        Steven Davis, President of Verrill Strategic Consulting, was recently interviewed and featured in the Environmental Business Journal, Volume 39...
        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...
        Blog

        Will the Knicks Beat the Spurs? (Are Prediction Market Event Contracts Gambling?)

        For those of you who like to keep score, currently 18 states are engaged in litigation over prediction markets, such as Kalshi and Polymarket,...
        Alerts and Newsletters

        DOJ Announces Faster Review and Enhanced Enforcement for Benefits-Fraud FCA Matters

        On May 27, 2026, the U.S. Department of Justice (DOJ) Civil Division issued a new memorandum, “Accelerating Review and Enhancing Enforcement in...
        Alerts and Newsletters

        DOJ Announces Minnesota Health Care Fraud Takedown; Signals Intensified Medicaid Enforcement Nationwide

        On May 21, the Department of Justice (“DOJ”) announced a first-of-its kind Minnesota Health Care Fraud Takedown charging 15 defendants, including...