Exclusions

If the Act is to be opened for Amendment, there are other key issues currently the subject of conflict in the jurisprudence that can be addressed. The definition of “adjoining” in section 3(a) can...

This is Part Two of a compilation of occupation-specific status discussions from past AEU Longshore blog postings. Construction Workers A few years back, we covered the Longshore Act status of ...

Coverage questions about maritime “status” under the Longshore Act arise regularly, and the AEU Longshore Blog has addressed different occupations in various posts. Most recently we have discussed...

The question arose recently as to whether salespeople and estimators are covered under the Longshore Act. This is a very imprecise and incomplete question, but it can be answered easily. The answer...

This is a continuation of the discussion of the “clerical exclusion” contained in section 2(3)(A) of the Longshore Act (click here for Part One). Below are some cases that illustrate how the...

Clerical workers are excluded from Longshore Act coverage. Section 2(3)(A) (33 U.S.C. section 902(3)(A)) of the Longshore Act states: “The term ‘employee’ means any person engaged in maritime...

1984 to Present The Longshore Act was significantly amended again in 1984. We were (and are) still trying to sort out the concepts of status and situs that were added in 1972. Then along came the...

I think that the expression “independent contractor” is used too often in different contexts to mean different things. This results in confusion regarding the term. I would like to contribute to the...

Can You Exclude Corporate Officers Under the Longshore Act? In answer to the previous question regarding joint and several liability we saw how much trouble the corporate officers of an uninsured...

Can Small Employers Opt Out of Coverage Under the Longshore and Harbor Workers’ Compensation Act? There are some states where small employers as defined in the state insurance law, or even large...

As I’ve said, over the years the same Longshore questions have been coming up again and again, and now with AEUs Longshore BLOG there’s a source where these questions can be answered. So here’s my...