§10313 — Title 46 Shipping | U.S. Code

Summary

Seamen must be paid from the time they start work or from the time their contract says to be on board, whichever is earlier. Pay does not depend on whether the ship earns freight. If the ship is lost or wrecked and service ends early, the seaman gets wages for the time actually worked and is treated as a destitute seaman under other law. If a signed seaman is wrongly discharged before the voyage starts or before earning one month’s pay, and it was not the seaman’s fault, the captain or owner must pay the wages earned plus one month’s pay as compensation. A seaman loses pay for periods when they illegally fail to work after the agreed start time or while lawfully imprisoned, unless a court orders otherwise. After the voyage starts, a seaman can ask the captain for one-half of unpaid wages at each port where cargo is loaded or delivered. Such a request cannot be made until 5 days after the voyage begins, not more than once every 5 days, and not more than once in the same port on the same entry. If the captain refuses, the seaman can leave the contract and must be paid all wages. At voyage end, the captain must pay the remaining wages within 24 hours after cargo is unloaded or within 4 days after the seaman is discharged, whichever comes first. If final pay is delayed to that time, the seaman must receive one-third of the wages when discharged. If payment required above is late without good reason, the captain or owner must pay 2 days’ wages for each day of delay. For class actions by seamen on passenger ships with capacity over 500, the total penalty cannot exceed ten times the unpaid wages. Such class suits must start within three years after the later of the end of the last voyage claimed or the seaman’s receipt of an ordinary wage payment. The end-of-voyage and penalty rules do not apply to fishing or whaling vessels or yachts. These rules also apply to seamen on foreign ships while in a U.S. harbor, and U.S. courts can enforce them.

Title 46, §10313

Shipping — Source: USLM XML via OLRC

(a)A seaman’s entitlement to wages and provisions begins when the seaman begins work or when specified in the agreement required by section 10302 of this title for the seaman to begin work or be present on board, whichever is earlier.

(b)Wages are not dependent on the earning of freight by the vessel. When the loss or wreck of the vessel ends the service of a seaman before the end of the period contemplated in the agreement, the seaman is entitled to wages for the period of time actually served. The seaman shall be deemed a destitute seaman under section 11104 of this title. This subsection applies to a fishing or whaling vessel but not a yacht.

(c)When a seaman who has signed an agreement is discharged improperly before the beginning of the voyage or before one month’s wages are earned, without the seaman’s consent and without the seaman’s fault justifying discharge, the seaman is entitled to receive from the master or owner, in addition to wages earned, one month’s wages as compensation.

(d)A seaman is not entitled to wages for a period during which the seaman—

(1)unlawfully failed to work when required, after the time fixed by the agreement for the seaman to begin work; or

(2)lawfully was imprisoned for an offense, unless a court hearing the case otherwise directs.

(e)After the beginning of the voyage, a seaman is entitled to receive from the master, on demand, one-half of the balance of wages earned and unpaid at each port at which the vessel loads or delivers cargo during the voyage. A demand may not be made before the expiration of 5 days from the beginning of the voyage, not more than once in 5 days, and not more than once in the same port on the same entry. If a master does not comply with this subsection, the seaman is released from the agreement and is entitled to payment of all wages earned. Notwithstanding a release signed by a seaman under section 10312 of this title, a court having jurisdiction may set aside, for good cause shown, the release and take action that justice requires. This subsection does not apply to a fishing or whaling vessel or a yacht.

(f)At the end of a voyage, the master shall pay each seaman the balance of wages due the seaman within 24 hours after the cargo has been discharged or within 4 days after the seaman is discharged, whichever is earlier. When a seaman is discharged and final payment of wages is delayed for the period permitted by this subsection, the seaman is entitled at the time of discharge to one-third of the wages due the seaman.

(g)(1)Subject to paragraph (2), when payment is not made as provided under subsection (f) of this section without sufficient cause, the master or owner shall pay to the seaman 2 days’ wages for each day payment is delayed.

(2)The total amount required to be paid under paragraph (1) with respect to all claims in a class action suit by seamen on a passenger vessel capable of carrying more than 500 passengers for wages under this section against a vessel master, owner, or operator or the employer of the seamen shall not exceed ten times the unpaid wages that are the subject of the claims.

(3)A class action suit for wages under this subsection must be commenced within three years after the later of—

(A)the date of the end of the last voyage for which the wages are claimed; or

(B)the receipt, by a seaman who is a claimant in the suit, of a payment of wages that are the subject of the suit that is made in the ordinary course of employment.

(h)Subsections (f) and (g) of this section do not apply to a fishing or whaling vessel or a yacht.

(i)This section applies to a seaman on a foreign vessel when in a harbor of the United States. The courts are available to the seaman for the enforcement of this section.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 10313(a)46:591 10313(b)46:59246:593 10313(c)46:594 10313(d)46:595 10313(e)–(i)46:59646:59746:598 section 10313 provides that a seaman’s entitlement to wages begins when the seaman begins work, or as specified in the shipping agreement. This section also qualifies a seaman’s entitlement to wages if the vessel is lost or wrecked, if the seaman is discharged improperly, or if the seaman unlawfully failed to work or was imprisoned. It also establishes procedures for the payment of wages at each port the vessel loads or unloads cargo, and at the end of the voyage. This section applies to seamen on foreign vessels in United States harbors, but not to fishing vessels, whaling vessels or yachts.

Editorial Notes

Amendments

2010—Subsec. (g). Pub. L. 111–281 designated existing provisions as par. (1), substituted “(1) Subject to paragraph (2), when” for “When”, and added pars. (2) and (3). 1986—Subsec. (e). Pub. L. 99–640 struck out last sentence which read as follows: “However, this subsection applies to a vessel taking oysters.” Subsec. (h). Pub. L. 99–640 struck out last sentence which read as follows: “However, subsections (f) and (g) apply to a vessel taking oysters.”

§10313 Wages