46 U.S.C. § 10313

Wages

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(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.(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 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 NotesAmendments

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.”

Notes of Decisions

Cited in 130 cases (6 in the last 5 years), 1984–2026 · leading case: Rogers v. Royal Caribbean Cruise Line, 547 F.3d 1148 (9th Cir. 2008).

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Rogers v. Royal Caribbean Cruise Line, 547 F.3d 1148 (9th Cir. 2008). · cites it 18× “" The complaint further alleged that Royal Caribbean did not pay Rogers and Kar their full wages within twenty-four hours of the end of each voyage, thereby violating 46 U.S.C. § 10313 (f). On October 13, 2006, Royal Caribbean filed a motion to compel arbitration in accordance…”

Mateo v. M/S KISO, 805 F. Supp. 761 (N.D. Cal. 1991). · cites it 15× “However, read together the motions turn on three issues: (1) What are the wage terms of plaintiffs’ employment contract? (2) Are plaintiffs’ claims for back wages barred by the resolution of these claims through grievance procedures under the CBA’s? And (3), if plaintiffs’…”

Mylonakis v. The M/T Georgios M., 909 F. Supp. 2d 691 (S.D. Tex. 2012). · cites it 21× “§ 1910 , general maritime claims for unseaworthiness, negligence, intentional misrepresentation, breach of the duty to defend, maintenance and cure, double wages under 46 U.S.C. § 10313 , and pendent state law claims for malicious prosecution, breach of fiduciary duty, and gross…”

Madeja v. Olympic Packer, LLC, 155 F. Supp. 2d 1183 (D. Haw. 2001). · cites it 28× “Plaintiffs assert claims under 46 U.S.C. § 10313 and general maritime law.”

Balen v. Holland Am. Line Inc., 583 F.3d 647 (9th Cir. 2009). · cites it 5× “Balen contends that his claims cannot be resolved through arbitration, because (1) United States law does not permit the arbitration of claims brought under the Seamen’s Wage Act, 46 U.S.C. § 10313 (‘Wage Act”) and (2) a valid arbitration agreement did not cover his claims…”

Bolanos v. Norwegian Cruise Lines Ltd., 212 F.R.D. 144 (S.D.N.Y. 2002). · cites it 4× “Background This is an action by present and former employees of defendant Norwegian Cruise Lines (“NCL”) to recover overtime wages allegedly withheld in violation of (uniform) individual employment contracts, two collective bargaining agreements (“CBAs”), and the Seaman’s Wage…”

Rey Castillo, Carlos Abesamis, Lauro Malinas, Emetrio Noble, & Jerry Ramos v. Spiliada Mar. Corp. & Spiliada Mv, 937 F.2d 240 (5th Cir. 1991). · cites it 7× “Because good faith is a jurisdictional requirement under the applicable seamen’s wage statute, 46 U.S.C. § 10313 , the district court dismissed Plaintiffs’ suit.”

Kaluom v. Stolt Offshore, Inc., 504 F.3d 511 (5th Cir. 2007). · cites it 27× “§§ 10301 and 10501 apply to those foreign vessels encompassed by penalty wage statutes 46 U.S.C. §§ 10313 and 1Q504. Accordingly, because the foreign vessel on which Kaluom worked was not embarked on one of the voyage types described by sections 10301 and 10501, we affirm.”

Noor Begum Karim, Wife of Fazal Karim v. Finch Shipping Co., Ltd., Finch Shipping Co., Ltd., 265 F.3d 258 (5th Cir. 2001). · cites it 3× “The district court denied Finch’s motion to dismiss, but granted summary judgment in favor of Finch on the penalty wage claim and dismissed Kar-im’s wife’s claims for lack of evidence. The district court conducted a trial on Finch’s limitation petition on January 24 and 25, 2000.”

Paul v. All Alaskan Seafoods, Inc., 24 P.3d 447 (Wash. Ct. App. 2001). · cites it 7× “Under 46 U.S.C. § 10313 (g), a seaman may recover double wages for each day that payment of wages is delayed without sufficient cause.”

Doe v. Princess Cruise Lines, Ltd., 657 F.3d 1204 (11th Cir. 2011). · cites it 2× “§ 30104 , or the general maritime law applicable to seamen, or the Seaman's Wage Act, 46 U.S.C. § 10313 . Those claims are: (1) a "Jones Act negligence" claim, alleging that Princess Cruise Lines breached its "duty to provide a safe place to work such that [Doe] could perform…”

Paul v. All Alaskan Seafoods, Inc., 106 Wash. App. 406 (Wash. Ct. App. 2001). · cites it 6× “Under 46 U.S.C. § 10313 (g), a seaman may recover double wages for each day that payment of wages is delayed without sufficient cause.”

Show all 130 citing cases →

— 46 U.S.C. § 10313(g) — 1 case

Ramirez-Alonso v. M/Y The Comm'r (D.P.R. 2020).

— 46 U.S.C. § 10313(h) — 1 case

Ramirez-Alonso v. M/Y The Comm'r (D.P.R. 2020).

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