United States Second Circuit

Summary judgment in favor of plaintiffs, a class of seafarers discharged from service on defendant's ships due to illness or injury, is affirmed, where: 1) here, the collective bargaining agreement does not limit the availability of unearned wages and so general maritime law must be applied; 2) the record reflects that it was the custom and practice for seafarers working for defendant to derive substantial income from overtime compensation and that, consequently, such compensation was a common expectation of both the seamen and of defendant; and 3) plaintiffs were entitled, as part of unearned wages, to overtime pay that they would have earned from the time of their discharge until the end of their respective voyages.

Appellate Information

• Decided 06/25/2013
• Published 06/25/2013

Judges

• PARKER

Court

• United States Second Circuit

Counsel