My husband works as a diesel engine mechanic and is paid an hourly rate (whereas other mechanics are paid on a flat rate scale) and he has not be receiving overtime. However, it seems that under exemption FLSA 13a1, he should be eligible for time and a half for all overtime worked. The company for which he works has merged with another company which is in the maritime wholesale business and is ultimately owned by Daimler Chrysler Corporation. The human resources manager (who oversees both smaller companies) states that my husband is not eligible for time and half wages due to the maritime law of 1978. I have researched that law and have no evidence that would be an exception that would supercede Federal Labor Standard Act? Could you clarify if he would be eliglble for overtime and if so, how to receive those wages retroactively? Any assistance you could provide would be greatly appreciated.

Does he work for an interstate motor carrier? There is an exception to overtime rules for those types of employers. http://www.dol.gov/esa/regs/compliance/whd/whdfs19.htm

No, My husband does not work for an interstate carrier, it is a national company which has branch locations in the entire continental united states.

I found another exception. FLSA exempts "(5) any employee employed in the catching, taking, propagating, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacea, sponges, seaweeds, or other aquatic forms of animal and vegetable life, or in the first processing, canning or packing such marine products at sea as an incident to, or in conjunction with, such fishing operations, including the going to and returning from work and loading and unloading when performed by any such employees" Could he fit into that category?

There is also an exemption for, "any employee employed as a seaman on a vessel other than an American vessel"