Maritime Law & day of Rest

[DruidWolf]

What is the name of your state? Virginia

My question has to do with the new law that went into effect today, July 1rst, 2004. Under § 40.1-28.4(see http://leg1.state.va.us/lis.htm for details), if you work on the day stated in writing as a sabbath, they must allow you rest or pay triple time. But does this new law affect those of us who work on the water. I work for a company that moves barges through the Hampton Roads waterways and some out of state waterways. The company is based out of Portsmouth, Va. and our home dock is in Portsmouth, Va.. If it doesn't then what are the laws covering "Day of Rest" in the maritime field?


Bona na Croin,
DruidWolf

 

[Beth3]

So do you refrain from "all secular business and labor" on that day - which is a requirement in the law in order to claim Sunday as the Sabbath? The law also requires an employee to provide written notice to the employer that you are choosing the seventh day of the week as your day of rest.

Frankly, I don't know if this law applies to those in the maritime field or not. As I suspect you suspect, there are some unique laws that govern employment and other practices in maritime enterprises and exemptions from certain other regulations. You can always call VA's DOL and inquire or submit written notice to your employer and see what happens.

BTW - let's say you're on a ship at sea but you do get to observe your "day of rest" on the seventh day. Then you pass the international date line and it's yesterday again. Do you get another day off???

 

[DruidWolf]

reply

We do have to maintain the vessel for readiness. Basically, if were in port then it is spent doing maintance and general cleaning. And if we're underway, then it is spent pulling watches, breaking down or making up tows, or docking manuvers.
As for the Va. DOL, I have contacted them in the past in regards to a pay and labor issue. They could not answer any of my questions and they refered me to the feds. Upon contacting the feds(sorry can't remember the agency), they refered me back to my state.
So needless to say, I'm a little leary of contacting the Va DOL



Bona na Croin,
DruidWolf

 

[John/nyc]

What is the name of your state? Virginia

My question has to do with the new law that went into effect today, July 1rst, 2004. Under § 40.1-28.4(see http://leg1.state.va.us/lis.htm for details), if you work on the day stated in writing as a sabbath, they must allow you rest or pay triple time. But does this new law affect those of us who work on the water. I work for a company that moves barges through the Hampton Roads waterways and some out of state waterways. The company is based out of Portsmouth, Va. and our home dock is in Portsmouth, Va.. If it doesn't then what are the laws covering "Day of Rest" in the maritime field?


Bona na Croin,
DruidWolf

The question might be moot, for now.


RICHMOND, Va., July 2 - A Richmond judge on Friday temporarily blocked a new state law that would force Virginia employers to allow workers Saturday or Sunday off.

The judge, Theodore J. Markow of Circuit Court, issued an injunction banning enforcement for 90 days. Due to an error in its writing, the law gives employees the right to refuse to work on Saturday or Sunday.

The judge acted on an emergency request from the Virginia Chamber of Commerce and four member companies. "It's not a final ruling," said Hugh Keogh, the chamber's chief executive. "But it removes the immediate threat to disruption of business activity this weekend."

The state's options are limited. Before the judge's ruling, Gov. Mark R. Warner, a Democrat, asked Attorney General Jerry W. Kilgore to suspend enforcement but was rebuffed. Another option is to recall the General Assembly for a special session.

 

[JETX]

Yep, I was just going to post that.....
"RICHMOND, VA. - A legislative mistake that would require Virginia businesses to give employees Saturdays or Sundays off as a "day of rest" if they request it was blocked from taking effect this weekend by a judge Friday. Judge T.J. Markow granted an emergency 90-day injunction at the urging of several Virginia corporations.

The delay will give legislators time to correct the oversight, which alarmed a wide range of businesses with weekend or round-the-clock shifts.

"The gun has at least been removed from their hand and put back in the holster," said Hugh Keough, president and chief executive of the Virginia Chamber of Commerce.

The "day of rest" law was mistakenly enacted earlier this year when Virginia's General Assembly repealed the antiquated "blue laws" that required businesses to close on Sundays. Lawmakers unwittingly struck from the books a decades-old exemption for private businesses from Virginia's 17th-century day-of-rest law. The error went unnoticed and was signed into law by Gov. Mark R. Warner.

The day-of-rest law entitles workers at factories, restaurants, hotels, movie theaters and private hospitals to take off Saturday or Sunday for worship if they so desire."

The problem arose when the bill sponsored by VA Sen. Frederick M. Quayle (SB 659) passed repealing the previous 'blue laws' including their exemption for workers. The bill can be found at:
http://leg1.state.va.us/cgi-bin/legp504.exe?041+sum+SB659

For more:
http://www.dailypress.com/news/dp-38389sy0jul03,0,5929971.story?coll=dp-headlines-topnews
http://home.hamptonroads.com/stories/story.cfm?story=72595&ran=117224
http://www.whsv.com/news/headlines/864107.html