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At the end of a workday, petitioner usually did not have
time to return to his personal residence for dinner. On account
of his early starting time and long commute to and from his
residence, he remained in Seattle and slept on a cot stored
aboard one of the company’s vessels. The company did not require
him to stay overnight, pay him during this time, nor provide him
an allowance for meals or incidental expenses. Regardless,
during overnight periods he helped out with maintenance problems
and kept watch for bad weather. On one occasion, severe weather
forced petitioner to move a ferryboat in the middle of the night.
Usually half of the captains employed by the company stay
overnight on the ferryboats.4
The company’s voyages during the year are classified as
occurring during either peak travel season or off-peak travel
season.
B. Peak Travel Season
In the years at issue, the peak travel seasons began May 19,
2001, June 8, 2002, and June 7, 2003, and each generally lasted
though September 9 of the year in which it began. Petitioner
ordinarily captained the Clipper III in 2001 and 2002 on a
schedule servicing both Friday Harbor and Victoria on the same
day. Because the company leased the Clipper III to the United
4 Petitioner does not claim he was away from home when he
stayed overnight in Seattle on one of the company’s ferryboats.
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Last modified: May 25, 2011