46 U.S.C. § 10313 — Wages

Page 181 TITLE 46—SHIPPING § 10313 with a certificate of discharge or to make an entry in the seaman’s continuous discharge book. It requires that certain facts be included in the certificate or in the entry, prohibits other information from being in- cluded, and requires the Secretary to keep records of all discharges, copies of which must be furnished to seamen at cost upon request. These discharges are used to substantiate the nature and duration of the sea- man’s employment on a particular vessel. This section does not apply to fishing vessels, whaling vessels, or yachts. Editorial Notes AMENDMENTS 1993—Subsec. (a). Pub. L. 103–206, § 409(1), substituted ‘‘master or individual in charge’’ for ‘‘shipping commis- sioner’’. Subsec. (b). Pub. L. 103–206, § 409(2), substituted ‘‘by the master and the seaman’’ for ‘‘by the master, the seaman, and the shipping commissioner as witness’’. Subsec. (d)(1). Pub. L. 103–206, § 409(3), substituted ‘‘owner, charterer, managing operator, master, or indi- vidual in charge’’ for ‘‘Secretary’’. Subsec. (d)(2). Pub. L. 103–206, § 409(4), substituted ‘‘at the request of the seaman’’ for ‘‘at a cost prescribed by regulation’’. § 10312. Settlements on discharge When discharge and settlement are completed, the master, individual in charge, or owner and each seaman shall sign the agreement required by section 10302 of this title. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 565; Pub. L. 103–206, title IV, § 410, Dec. 20, 1993, 107 Stat. 2437.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10312(a), (b), (d)–(f) ...................... 46:644 10312(c) ........................................ 46:652 Section 10312 outlines the procedures for settlements upon discharge and for settling disputes over seamen’s wages and discharges. Editorial Notes AMENDMENTS 1993—Pub. L. 103–206 amended heading and text of sec- tion generally, substituting text consisting of sentence relating to signing agreements on discharge and settle- ment for former subsecs. (a) to (f) relating to such agreements, proceedings before shipping commissioners to settle disputes, certified copies of agreements, evi- dence of release of claims, and statements of wages paid. § 10313. Wages (a) A seaman’s entitlement to wages and pro- visions begins when the seaman begins work or when specified in the agreement required by sec- tion 10302 of this title for the seaman to begin work or be present on board, whichever is ear- lier. (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 agree- ment, 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 agree- ment is discharged improperly before the begin- ning 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 mas- ter or owner, in addition to wages earned, one month’s wages as compensation. (d) A seaman is not entitled to wages for a pe- riod 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 di- rects. (e) After the beginning of the voyage, a sea- man 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 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 and is entitled to payment of all wages earned. Not- withstanding a release signed by a seaman under section 10312 of this title, a court having juris- diction 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 de- layed for the period permitted by this sub- section, the seaman is entitled at the time of discharge to one-third of the wages due the sea- man. (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 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. (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 for- eign vessel when in a harbor of the United Page 182 TITLE 46—SHIPPING § 10314 States. The courts are available to the seaman for the enforcement of this section. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 566; Pub. L. 99–640, § 10(b)(4), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 111–281, title IX, § 902(a)(1), Oct. 15, 2010, 124 Stat. 3008.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10313(a) ........................................ 46:591 10313(b) ........................................ 46:592 46:593 10313(c) ........................................ 46:594 10313(d) ........................................ 46:595 10313(e)–(i) ................................... 46:596 46:597 46:598 Section 10313 provides that a seaman’s entitlement to wages begins when the seaman begins work, or as speci- fied in the shipping agreement. This section also quali- fies a seaman’s entitlement to wages if the vessel is lost or wrecked, if the seaman is discharged improp- erly, or if the seaman unlawfully failed to work or was imprisoned. It also establishes procedures for the pay- ment of wages at each port the vessel loads or unloads cargo, and at the end of the voyage. This section ap- plies to seamen on foreign vessels in United States har- bors, 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 para- graph (2), when’’ for ‘‘When’’, and added pars. (2) and (3). 1986—Subsec. (e). Pub. L. 99–640 struck out last sen- tence 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.’’ § 10314. 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 $500. 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 $500. (c) This section applies to a foreign vessel when in waters of the United States. An owner, charterer, managing operator, agent, or master of a foreign vessel violating this section is liable to the Government for the same penalty as an owner, charterer, managing operator, agent, or master of a vessel of the United States for the same violation. (d) 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 10302 of this title at the office of clearance. Clearance may be granted to a vessel only if this section has been complied with. (e) This section does not apply to a fishing or whaling vessel or a yacht. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 567; Pub. L. 99–640, § 10(b)(4), Nov. 10, 1986, 100 Stat. 3550.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10314 ............................................ 46:599 Section 10314 forbids advance payment of wages to seamen prior to the commencement of the seaman’s employment. It provides a civil penalty of $500 for any person making such a payment, and for any person de- manding or receiving remuneration for providing a sea- man with employment. This means that the use of em- ployment agencies for hiring seamen is prohibited. It also requires compliance with section 10302 regarding the signing of articles of agreement before a vessel can be cleared from a United States port. This section ap- plies to foreign vessels in United States waters but not to fishing vessels, whaling vessels or yachts. Editorial Notes AMENDMENTS 1986—Subsec. (e). Pub. L. 99–640 struck out last sen- tence which read as follows: ‘‘However, this section ap- plies to a vessel taking oysters.’’ § 10315. Allotments (a) Under prescribed regulations, a seaman may stipulate as follows in the agreement re- quired by section 10302 of this title for an allot- ment of any part of the wages the seaman may earn: (1) to the seaman’s grandparents, parents, spouse, sister, brother, or children; (2) to an agency designated by the Secretary of the Treasury to handle applications for United States savings bonds, to purchase bonds for the seaman; and (3) for deposits to be made in an account for savings or investment opened by the seaman and maintained in the seaman’s name at a savings bank or a savings institution in which the accounts are insured by the Federal De- posit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. (b) An allotment is valid only if made in writ- ing and signed by and approved by a shipping commissioner. The shipping commissioner shall examine allotments and the parties to them to enforce compliance with the law. Stipulations for allotments made at the beginning of a voy- age shall be included in the agreement and shall state the amounts and times of payment and the person to whom payments are to be made. (c) Only an allotment complying with this sec- tion is lawful. A person falsely claiming quali- fication as an allottee under this section is lia- ble to the United States Government for a civil penalty of not more than $500.