46 U.S.C. § 10504
Wages
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 section 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.
2010—Subsec. (c). Pub. L. 111–281, § 902(b)(1), designated 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 engaged in coastwise commerce.
Pub. L. 99–36, § 1(b),
Notes of Decisions
Cited in 20
cases (1 in the last 5 years), 1985–2021 · leading case: Frederick v. Kirby Tankships, Inc.
Frederick v. Kirby Tankships, Inc. (2000)
“Frederick presents two issues on cross-appeal: (1) whether the district court erred in directing a verdict against his claim for penalty wages under 46 U.S.C. § 10504 ; and (2) whether the district court erred in applying the collective bargaining agreement’s maintenance rate,…”
Kaluom v. Stolt Offshore, Inc. (2007)
“” 46 U.S.C. § 10504 (a). Subsection (b) states that the “master shall pay a seaman the balance of wages due the seaman within 2 days after the termination of the agreement required by section 10502 of this title or when the seaman is discharged, whichever is earlier.”
Williamson v. Recovery Ltd. Partnership (2008)
“Finally, the district court also dismissed an attachment insofar as it was based, in part, on a penalty wage claim asserted by the Estate of deceased Plaintiff Craft, pur *54 suant to 46 U.S.C. § 10504 , against Defendant Kirk.”
Aguirre v. S.S. Sohio Intrepid (1986)
“The seamen sought (1) unpaid wages for work performed aboard these vessels, and (2) penalty wages, pursuant to 46 U.S.C. § 10504 (c), which accrued at a rate of “2 days’ wages for each day payment is delayed.”
Anderson v. McAllister Towing & Transportation Co. (1998)
“§ 10313 and 46 U.S.C. § 10504 . Defendants challenge the plaintiffs statutory claims by asserting that neither statutory provision applies to individuals, such as the plaintiff, who served as the master of a vessel.”
Rogelio J. Cuevas v. Reading & Bates Corp., A/K/A Reading & Bates Offshore Drilling Co. (1985)
“46 U.S.C. § 10504 (e) (1983). We find no legal error with this analysis, or with the conclusions reached by the district court in this respect.”
Kirk L. Dunham, Stephen C. Castellano v. M/v Marine Chemist, Her Engines, Boilers, in Rem, and Marine Transport Lines, I (1987)
“Castellano appeals the district court’s dismissal of his suit under the penalty wage provision of Title 46 of the United States Code, 46 U.S.C. § 10504 . Castellano asserts that, in retroactively amending Title 46 to exclude coast-wise voyages from the application of the penalty…”
Rafter v. Stevenson (2010)
“Under the facts alleged in the Complaint, Rafter could not seek the remedies provided by 46 U.S.C. § 10504 or 46 U.S.C. § 10313 . In sum, on their face, the statutes upon which Stevenson relies do not apply to the facts that Rafter has pleaded and Stevenson cites no authority…”
Williams v. Wilmington Trust Co. (2003)
“46 U.S.C. § 10504 . These provisions apply to “coastwise,” or domestic voyages, such as the journey of the Korea from Seattle to San Pedro.”
Smith v. Seaport Marine, Inc. (2013)
“§ 10314 (providing for civil penalties of up to $500 when a person pays a seaman’s advance wages to another person, in certain foreign and inter-coastal voyages); 46 U.S.C. § 10504 (providing that “[t]he courts are available to the seaman for the enforcement of” certain wage…”
Thaxter v. City of New York (Department of Environmental Protection) (1989)
“In May, I dismissed plaintiffs’ civil rights claims for lack of merit, and granted defendant summary judgment on plaintiffs’ claim for penalties, noting that defendant’s vessels are not governed by 46 U.S.C. § 10504 since they do not “voyage between a port in one State and a…”
Powell v. Global Marine, LLC (2009)
“” 46 U.S.C. § 10504 (d)(1); see also Itima v.”
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