§10504 Wages

Summary

Crew members can demand half of the wages they have earned but not yet been paid after a voyage starts, at any port where the ship loads or unloads cargo. They cannot ask for that money until 5 days after the voyage begins, and they may only make such a demand once every 5 days and only once in the same port for the same visit. If the ship’s captain does not pay, the crew member is freed from the work agreement and must be paid all wages earned. A court can undo a signed release for good cause. These rules do not apply to fishing, whaling vessels, or yachts. The captain must pay the remaining wages within 2 days after the work agreement ends or when the crew member is discharged, whichever comes first. If there is an unjustified delay, the captain or owner must pay an extra 2 days’ wages for each day of delay. For class actions by crew on passenger ships that carry more than 500 passengers, the total extra pay cannot exceed ten times the unpaid wages. Class suits must start within three years after the later of the last voyage claimed or receipt of an ordinary payment. The rules about timely pay and penalties don’t apply to coastal-trade vessels, yachts, fishing, or whaling boats. The law covers crew on foreign ships while in U.S. ports and courts can enforce it. On large passenger ships, a crew member may ask in writing to have wages deposited to an account if the bank is chosen by the crew member, the deposits are government-guaranteed under common international standards, a written pay stub is given at least monthly, and the crew member can withdraw their money while on board.