46 U.S.C. § 10504 — Wages

Page 186 TITLE 46—SHIPPING § 10504 tion 8701 of this title to have a merchant mari- ner’s document shall exhibit to the master a document issued to the seaman and appro- priately endorsed for the capacity in which the seaman is to serve. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 570.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10503 ............................................ 46:643 Under section 10503 seamen who are required to have a merchant mariner’s document must exhibit it before signing a shipping agreement on a coastwise voyage. § 10504. Wages (a) After the beginning of a voyage, a seaman is entitled to receive from the master, on de- mand, 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 de- mand 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 re- quired by section 10502 of this title and is enti- tled to payment of all wages earned. Notwith- standing a release signed by a seaman under sec- tion 10312 of this title, a court having jurisdic- tion may set aside, for good cause shown, the re- lease and take action that justice requires. This subsection does not apply to a fishing or whaling vessel or a yacht. (b) The master shall pay a seaman the balance of wages due the seaman within 2 days after the termination of the agreement required by sec- tion 10502 of this title or when the seaman is dis- charged, whichever is earlier. (c)(1) Subject to subsection (d), and except as provided in paragraph (2), when payment is not made as provided under subsection (b) 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 ves- sel 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 un- paid 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 claim- ant in the suit, of a payment of wages that are the subject of the suit that is made in the or- dinary course of employment. (d) Subsections (b) and (c) of this section do not apply to: (1) a vessel engaged in coastwise commerce. (2) a yacht. (3) a fishing vessel. (4) a whaling vessel. (e) This section applies to a seaman on a for- eign vessel when in harbor of the United States. The courts are available to the seaman for the enforcement of this section. (f) DEPOSITS IN SEAMAN ACCOUNT.—On written request signed by the seaman, a seaman em- ployed on a passenger vessel capable of carrying more than 500 passengers may authorize, the master, owner, or operator of the vessel, or the employer of the seaman, to make deposits of wages of the seaman into a checking, savings, investment, or retirement account, or other ac- count to secure a payroll or debit card for the seaman if— (1) the wages designated by the seaman for such deposit are deposited in a United States or international financial institution des- ignated by the seaman; (2) such deposits in the financial institution are fully guaranteed under commonly accept- ed international standards by the government of the country in which the financial institu- tion is licensed; (3) a written wage statement or pay stub, in- cluding an accounting of any direct deposit, is delivered to the seaman no less often than monthly; and (4) while on board the vessel on which the seaman is employed, the seaman is able to ar- range for withdrawal of all funds on deposit in the account in which the wages are deposited. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 570; Pub. L. 99–36, § 1(a)(5), May 15, 1985, 99 Stat. 67; Pub. L. 99–640, § 10(b)(4), (5), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 111–281, title IX, § 902(b), Oct. 15, 2010, 124 Stat. 3009.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10504 ............................................ 46:596 46:597 46:598 Section 10504 specifies when seamen on coastwise voyages may obtain portions of their wages. The sec- tion does not apply to fishing vessels, whaling vessels or yachts, and portions of it do not apply to vessels taking oysters. It does apply to foreign vessels while in United States ports. Editorial Notes AMENDMENTS 2010—Subsec. (c). Pub. L. 111–281, § 902(b)(1), des- ignated existing provisions as par. (1), substituted ‘‘Subject to subsection (d), and except as provided in paragraph (2), when’’ for ‘‘When’’, and added pars. (2) and (3). Subsec. (f). Pub. L. 111–281, § 902(b)(2), added subsec. (f). 1986—Subsec. (a). Pub. L. 99–640, § 10(b)(4), struck out last sentence which read as follows: ‘‘However, this subsection applies to a vessel taking oysters.’’ Subsec. (d)(3). Pub. L. 99–640, § 10(b)(5), struck out ‘‘(except a vessel taking oysters)’’ after ‘‘vessel’’. 1985—Subsec. (d). Pub. L. 99–36 amended subsec. (d) generally, thereby including reference to a vessel en- gaged in coastwise commerce. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–36, § 1(b), May 15, 1985, 99 Stat. 68, provided that: ‘‘The effective date of subsection (a)(5) of this sec- tion [amending this section] is August 26, 1983.’’ Page 187 TITLE 46—SHIPPING § 10508 § 10505. Advances (a)(1) A person may not— (A) pay a seaman wages in advance of the time when the seaman has earned the wages; (B) pay advance wages of the seaman to an- other person; or (C) make to another person an order, note, or other evidence of indebtedness of the wages, or pay another person, for the engagement of seamen when payment is deducted or to be de- ducted from the seaman’s wage. (2) A person violating this subsection is liable to the United States Government for a civil pen- alty of not more than $5,000. A payment made in violation of this subsection does not relieve the vessel or the master from the duty to pay all wages after they have been earned. (b) A person demanding or receiving from a seaman or an individual seeking employment as a seaman, remuneration for providing the sea- man or individual with employment, is liable to the Government for a civil penalty of not more than $5,000. (c) The owner, charterer, managing operator, agent, or master of a vessel seeking clearance from a port of the United States shall present the agreement required by section 10502 of this title at the office of clearance. Clearance may be granted to a vessel only if this section has been complied with. (d) This section does not apply to a fishing or whaling vessel or a yacht. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 571; Pub. L. 99–640, § 10(b)(4), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 103–206, title IV, § 414, Dec. 20, 1993, 107 Stat. 2437.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10505 ............................................ 46:598 46:599 Section 10505 prohibits any person from paying a sea- man on a coastwise voyage advance wages, or to pay to another person any form of a seaman’s wages prior to the commencement of the seaman’s employment. It also prohibits a person from seeking or receiving remu- neration for providing a seaman with employment. This section also requires that a vessel comply with this section before clearing port. It provides penalties for offenses of its provisions. The section does not apply to fishing vessels, whaling vessels, or yachts, but does apply to vessels taking oysters. Editorial Notes AMENDMENTS 1993—Subsec. (a)(2). Pub. L. 103–206, § 414(1), sub- stituted ‘‘$5,000’’ for ‘‘$100’’. Subsec. (b). Pub. L. 103–206, § 414(2), substituted ‘‘$5,000’’ for ‘‘$500’’. 1986—Subsec. (d). Pub. L. 99–640 struck out last sen- tence which read as follows: ‘‘However, this section ap- plies to a vessel taking oysters.’’ § 10506. Trusts Section 10505 of this title does not prevent an employer from making deductions from the wages of a seaman, with the written consent of the seaman, if— (1) the deductions are paid into a trust fund established only for the benefit of seamen em- ployed by that employer, and the families and dependents of those seamen (or of those sea- men, families, and dependents jointly with other seamen employed by other employers, and the families and dependents of the other seamen); and (2) the payments are held in trust to provide, from principal or interest, or both, any of the following benefits for those seamen and their families and dependents: (A) medical or hospital care, or both. (B) pensions on retirement or death of the seaman. (C) life insurance. (D) unemployment benefits. (E) compensation for illness or injuries re- sulting from occupational activity. (F) sickness, accident, and disability com- pensation. (G) purchasing insurance to provide any of the benefits specified in this section. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 571.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10506 ............................................ 46:599 Section 10506 permits deductions to be made from wages of seamen on coastwise voyages if the deductions are to be used for the benefit of the seamen or their families. [§ 10507. Repealed. Pub. L. 103–206, title IV, § 415(a), Dec. 20, 1993, 107 Stat. 2438] Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 571, re- lated to duties of shipping commissioners. § 10508. General penalties (a) A master who carries a seaman on a voyage without first making the agreement required by section 10502 of this title shall pay to the sea- man the highest wage that was paid for a simi- lar voyage within the 3 months before the time of engagement at the port or place at which the seaman was engaged. A seaman who has not signed an agreement is not bound by the appli- cable regulations, penalties, or forfeitures. (b) A master engaging a seaman in violation of this chapter or a regulation prescribed under this chapter is liable to the United States Gov- ernment for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 572; Pub. L. 103–206, title IV, § 416, Dec. 20, 1993, 107 Stat. 2438.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10508 ............................................ 46:575 Section 10508 provides for a fair wage to be paid to a seaman who was engaged without a shipping agree- ment, and also exempts the seaman under certain con- ditions from applicable regulations, penalties or for- feitures. It also provides a penalty for violation of its provisions.