§10313 Wages

Summary

Seamen start earning pay when they begin work or on the date their written agreement says they must be on board, whichever is earlier. Pay does not depend on whether the ship earns freight. If the ship is lost or wrecked and the seaman’s service ends early, the seaman gets pay for the time actually worked and is treated as destitute under the law. If a signed seaman is wrongly fired before the voyage starts or before earning one month’s pay, and it was not the seaman’s fault, the master or owner must pay the seaman the wages earned plus one month’s wages as compensation. A seaman loses pay for times they illegally refuse to work or if they are lawfully jailed, unless a court orders otherwise. After the voyage starts, a seaman can demand half of the unpaid wages at each port where the ship loads or unloads cargo, but not before 5 days from the voyage start, not more than once every 5 days, and not more than once in the same port on the same entry. If the master refuses, the seaman can leave the job and must be paid all earned wages. At the end of the voyage the master must pay the remaining wages within 24 hours after cargo is discharged or within 4 days after the seaman is discharged, whichever is earlier; if payment is delayed for the allowed time, the seaman gets one-third of the wages at discharge. If payment is late without good reason, the master or owner must pay an extra 2 days’ wages for each day delayed. In class actions by seamen on passenger ships that hold more than 500 passengers, the total extra payment cannot exceed ten times the unpaid wages claimed. Such class suits must start within three years after the later of the end of the last voyage at issue or the seaman’s last ordinary wage payment. Fishing and whaling vessels and yachts are excluded from some of these rules. The rules also apply to seamen on foreign ships while in a U.S. harbor, and U.S. courts can enforce them.