Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Page 12
Page 13
Page 14
Page 15
Page 16
Page 17
Page 18
Page 19
Page 20
Page 21
Page 22
Page 23
Page 24
Page 25
Page 26
Page 27
Page 28
Page 29
Page 30
Page 31
Page 32
20 APRIL 2016 FOGHORN Complete control and steering systems for vessels of all types and sizes. 1 604572-3935 Surrey BC Canada saleskobelt.com www.kobelt.com KOBELT MANUFACTURING CO.LTD. O n more than one occasion I have heard PVA members say that they have mixed feelings about attending my seminars the information is helpful but they never walk out feeling positive as each new legal development seems to create a greater burden or risk for vessel operators. In most cases there is little basis for great concern however a recent case just issued on March 17 2016 by the U.S. Court of Appeals Second Circuit should give concern to any vessel operator which fails to comply with the requirements of the federal wage hour and overtime laws Fair Labor Standards Act or the Family and Medical LeaveAct FMLA. In Graziadio v. Culinary Institute of America an employee claimed that she was not given the leave rights to which she was entitled under the FMLAin the care of her son. She filed suit against her employer as well as the Director of Human Resources individually. The Director of Human Resources moved to dismiss herself from the suit on the basis that she was not an employer and thus exempt from being named in the suit or having personal liability even if FMLA rights were incorrectly denied. The Second Circuit ruled against the Director of Human Resources explaining that for purposes of the FMLA as well as for the federal wage LEGAL By Steven E. Bers Esq. PVA General Counsel Personal Liability for WageHour Compliance