THE NEW LAW ON UNEARNED OVERTIME WAGES

The Supreme Court recently denied further review to a ruling Dennis M. O’Bryan achieved in the federal district court in Manhattan against Maersk Line, Ltd. (the largest shipping company) in the world – holding that crewmembers who receive maintenance and cure as well as unearned wages, are entitled to receive the overtime component of their unearned wages, also. The opinion can be found at Padilla v Maersk Line, Ltd., 721 F.3d 77 (2nd Cir. 2013). The amount is computed by averaging the daily amount of earned overtime wages generated before becoming unfit for duty.

A GAME CHANGER FOR UNEARNED WAGES

This decision has sent shockwaves through an industry accustomed to short changing seamen in their time of greatest need, i.e., when they are unfit for duty. Maersk fought us with all their might but the force of right prevailed. Let’s see if the maritime industry changes its ways with regard to payment of unearned wages.

If you’ve been short changed while you were off injured, you know who to call: the maritime lawyers at O’Bryan Baun Karamanian.

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