Offshore cook seeks overtime wages in suit

Michelle Keahey Nov. 10, 2012, 10:18am

NEW ORLEANS - A lift boat cook has filed a collective lawsuit against his employer in an effort to obtain three years’ worth of unpaid overtime wages.

David Tinnell filed suit against Aries Marine Corp. on Oct. 25 in federal court in New Orleans.

Tinnell was employed as a cook aboard a lift boat and claims he was not paid overtime for all hours worked over 40 in a work week, as required under the Fair Labor Standards Act. He states that he often worked in excess of 84 hours per week.

The defendant is accused of utilizing a uniform policy and practice of paying Tinnell and other cooks a day rate and not paying overtime for any amounts worked in excess of 40 hours per work week.

According to the lawsuit, during the last three years, Aries Marine Corp. employed at least 40 individuals as cooks aboard its fleet of lift boats. These employees are allegedly subject to defendant’s uniform payroll practice, which violates the overtime provisions of the Fair Labor Standards Act.

The plaintiff is asking the court for an award of damages for unpaid wages and overtime wages, liquidated damages, interest, court costs, and attorneys’ fees.

Tinnell is represented by Michael T. Tusa Jr. of Sutton & Alker in Mandeville and Philip Bohrer in Bohrer Law Firm in Baton Rouge. A jury trial is requested.

U.S. District Judge Ivan L. R. Lemelle is assigned to the case.

Case No. 2:12-cv-02595

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