Wage and Labor Disputes

Wage and labor laws vary depending on the particular maritime industry involved and the location. Also, laws may vary within the same industry if a union is involved.

Fishing

Fishing vessel employers are required to sign written contracts with each of their employees that cover provisions such as length of employment, duties, and rate of pay. Some employers will make verbal agreements with fishermen about wages: this practice may not be legal. If there is no written contract that includes wage terms, the fisherman may be entitled to the highest rate of wages at the port of engagement, or to the terms of the verbal agreement if they are more favorable. The highest rate of wages is the highest wage paid to other seamen of comparable rating (for example, other deckhands or other cooks).

Oceangoing Ships

Employers of seamen engaged in voyages to foreign ports must enter into written agreements concerning rate of pay. If they fail to do so, the seamen may be entitled to the highest rate of wages at the port of engagement (see Fishing above). If the employer fails to pay the seamen promptly after the foreign voyage ends, they may be eligible to collect double wages and other penalties.

Ships Within Three Miles of Shore

If a seaman works on a ship that operates exclusively within three miles of one state's shore, the wage laws of that state may apply. Federal and state laws may conflict in these cases.

Coastwise Trade

If employers do not enter into written shipping articles agreements with seamen engaged in coastwise trade, the seamen may be entitled to the highest rate of wages in the port of engagement within three months of engagement. Also, since coastwise trading vessels often stay within a three-mile radius from shore, state wages laws may apply in some cases. Mehlman TerBeek LLP has represented many clients involved in wage disputes. For more information about maritime wage laws or to speak to an attorney about your case, call our office at 925-935-3575 today.