There were approximately 178,000 active cruise ship employees working from New York and around the country in 2019. Traveling to exotic locations and being a part of what seems like a constant vacation can make working on a cruise ship seem like a dream job. However,...
There is continuing debate on what constitutes “seaman’s status” when a worker who is injured while working for a maritime employer files a claim under the Jones Act. The conflict is showing in a recent U.S. Fifth Circuit appeals case, where two different panels of...
Officials from 12 countries including the U.S. requested urgent worldwide action in resolving the humanitarian crisis of the 200,000 seafarers stranded at sea because crew changes are impossible due to the COVID-19 pandemic.During a virtual gathering of the...
The COVID-19 pandemic has led to significant drops in cargo volume at places such as the Port of New York and New Jersey, leading to many longshoremen being out of work. But not only has this global health crisis affected these workers, but also the 200,000 seafarers...
The U.S. Congress long ago recognized the difficulty of enforcing land-based protections for workers on the high seas. As a result, the federal government established the Merchant Marine Act of 1920, often referred to as the Jones Act. This law outlines the rights and...
THE SEAMAN'S PROTECTION ACT There are currently 25 federal statutes protecting employees engaged in protected workplace activity from employer retaliatory acts. These are commonly known as "Whistleblower Laws",...
Court's have continue to struggle towards a working criteria to mark the boundaries between seamen and land workers. The difference is important in regard to filing a claim for bodily injury. Those having seaman status are afforded the right to sue an employer for...
With respect to the second, or substantial connection prong of the test, Supreme court emphasized that the "fundamental purpose" of this requirement is "to separate the sea-based maritime employees who are entitled to Jones Act protection from those land-based workers...