46 U.S.C. § 10508
Section 10508 · General penalties
Amended 2 times on record
Applied in 3 court decisions — leading case Doyle v. Huntress, Inc. (2005)
Most recently applied in 680 F. Supp. 2d 275 - Rafter v. Stevenson (January 2010)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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 seaman the highest wage that was paid for a similar 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 applicable 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 Government for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Section 10508 provides for a fair wage to be paid to a seaman who was engaged without a shipping agreement, and also exempts the seaman under certain conditions from applicable regulations, penalties or forfeitures. It also provides a penalty for violation of its provisions.
Amendments
1993—Subsec. (b). Pub. L. 103–206 substituted “not more than $5,000” for “$20”.