Article by Katherine E. Norris
The Fifth Circuit's decision constituted perhaps its narrowest interpretation of the FLSA seaman exemption to date. This reading stands in stark and perplexing contrast to the United States Supreme Court's mandate that FLSA exemptions are to be construed fairly, not narrowly--a point that the Fifth Circuit appeared to ignore. By disregarding binding authority, the court also forfeited a key opportunity to analyze the effect of the fair reading principle on stale circuit precedent. This Note provides a close examination of the court's decision in its haste to protect liftboat employees. Part II introduces key frameworks and case law relevant to the court's decision. Part III analyzes the Fifth Circuit's use of this authority in the noted case. Part IV further explores the gravity of the court's misalignment with binding precedent, including resulting consequences. Part V briefly concludes.
About the Author
Katherine E. Norris, J.D. Candidate 2024, Tulane University Law School; B.A. 2018, The University of Rhode Island.
Citation
97 Tul. L. Rev. 615