In the realm of maritime law, precedent often shapes the course of justice, and throughout my four-decade career, I've dedicated myself to advocating for seamen's rights. At 70, I still see several crucial areas where favorable legal precedents are lacking. Retirement isn't on my horizon just yet, but I realize I can't continue forever. I'm hoping to pave the way for future advocates who will carry forward the fight in these key areas:
Seaman Denied Jones Act Jury Trial Because Not A U.S. Citizen
A recent federal court ruling in Seattle enforced an arbitration clause in a contract, compelling a seaman from Mali to arbitrate his injury claim rather than have a jury trial. This decision, based on an international convention, sets a concerning precedent, potentially affecting immigrant workers across various fisheries. An appeal was filed, but unfortunately, due to settlement, the case didn't proceed.
Pay Practices Aboard Fish Factory Ships Violate Fair Labor Standards Act
Issues surrounding pay practices aboard factory ships, especially regarding downtime, have surfaced. While processors are traditionally paid based on fish proceeds, disputes arise when no fish are caught. Recent complaints about inadequate compensation highlight the need for clarity under the Fair Labor Standards Act. A lawsuit against one company is currently underway.
There Are No Federal Penalties For Cheating Commercial Fishermen Out Of Their Wages
Despite efforts to secure punitive damages for fishermen cheated out of their wages, legal loopholes persist. A recent Ninth Circuit decision denied such relief, leaving fishermen vulnerable. This issue demands further legal exploration and advocacy.
Fishermen Can Be Fired Without Cause During Their Contractual Period Of Employment
The requirement for written employment contracts for commercial fishermen introduced in 1988 raises questions about job security. Despite arguments that these contracts should offer more protection, courts have largely upheld employment-at-will principles. This area awaits further judicial scrutiny.
A Seaman’s Mortgage Should Be Used To Calculate Maintenance Rate
Determining maintenance rates for recuperating seamen involves complex considerations, including mortgage payments. Recent court rulings have failed to adequately address the unique challenges faced by seamen with mortgages. Clarification on this matter is crucial to ensure fair compensation.
Child Support Should Not Be Deducted From Maintenance
A contentious issue arises regarding whether maintenance should be subject to garnishment for child support. Recent legal battles have led to conflicting rulings, highlighting the need for clarity on the nature of maintenance under federal maritime law.
These issues underscore the ongoing struggle for justice within maritime law. While current cases may be on hold, the need for future test cases and advocacy remains pressing. Who will step up to take on these challenges next?
Eagle John Merriam, a former merchant seaman turned advocate, continues to champion the rights of maritime workers from his base at Seattle's Fishermen's Terminal.
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