§10504 Wages

Summary

A seaman can ask the ship’s captain for half of the wages he has earned but not yet been paid at each port where the ship loads or unloads cargo after the voyage starts. The seaman cannot ask for that pay until at least 5 days after the voyage began. A request can be made only once every 5 days and only once in the same port for the same visit. If the captain refuses, the seaman is freed from the work agreement and must be paid all wages owed. A court can cancel a release the seaman signed if there is good reason. This part does not apply to fishing vessels, whaling vessels, or yachts. The captain must pay any remaining wages within 2 days after the job agreement ends or when the seaman is discharged, whichever comes first. If payment is unreasonably late, the captain or owner must pay a penalty equal to 2 days’ wages for each day late. For class actions by seamen on passenger ships carrying more than 500 passengers, the penalty total cannot exceed 10 times the unpaid wages, and the suit must start within 3 years after the later of the last voyage claimed or a regular payment related to the claim. The 2-day rules and penalties do not apply to coastwise ships, yachts, fishing, or whaling vessels. The rules also cover foreign ships while in a U.S. harbor, and courts can enforce them. On written request, a seaman on a passenger ship with over 500-passenger capacity may have wages directly deposited into a bank or similar account if the bank is chosen by the seaman, the deposits are fully government-guaranteed under accepted international standards, the seaman gets a written pay statement at least monthly, and the seaman can withdraw all funds while onboard.