A lawsuit has been filed against a prominent offshore staffing provider, alleging violations of federal labor laws concerning unpaid overtime wages. The complaint was brought forth by Jonathan Keno and Damon Cook on October 21, 2024, in the United States District Court for the Eastern District of Louisiana against Mako Catering LLC and Mako Unlimited LLC.
Jonathan Keno and Damon Cook have accused their former employer, Mako Catering LLC and Mako Unlimited LLC, of failing to pay them due overtime wages in accordance with the Fair Labor Standards Act (FLSA). Both plaintiffs worked on offshore vessels such as liftboats and jack-up vessels from January 2021 through October 2023. Despite working over 12 hours a day and more than 40 hours a week, they were compensated with a flat day rate without any overtime pay. The plaintiffs claim that they were misclassified as exempt from state and federal overtime laws by Mako, which resulted in them not receiving appropriate compensation for their extensive work hours.
The lawsuit highlights that the roles undertaken by Keno and Cook did not involve contributing to the navigation or operation of the vessels as transportation means. Instead, their duties included cooking meals for crew members, performing rigging tasks, providing laundry services, and other general services required onboard. The plaintiffs argue that these tasks are non-exempt under FLSA guidelines, thus entitling them to overtime pay.
Keno and Cook further allege that despite a legal precedent set by Adams v. All Coast LLC in September 2021—where it was determined that cooks on liftboats are entitled to overtime unless they spend over 80% of their time aiding vessel operation—Mako continued its practice of misclassification. This decision should have prompted Mako to reassess its classification practices; however, it allegedly failed to do so.
In this collective action suit, Keno and Cook seek justice not only for themselves but also for others similarly situated who were employed by Mako within the last three years under similar conditions. They demand unpaid overtime wages along with liquidated damages equal to those wages. Additionally, they seek pre-judgment and post-judgment interest as provided by law alongside attorneys’ fees and costs incurred during this legal process.
Representing Keno and Cook are attorneys Cayce Peterson from JIC Law LLC based in New Orleans alongside Harry E. Morse from Bohman | Morse LLC. The case is presided over by judges from the Eastern District of Louisiana under Case ID: 2:24-cv-02517.