Wallace, et al. v. NCL (Bahamas) Ltd., No. 12-15204 (11th Cir. 2013)Annotate this Case
Plaintiffs, seafarers who worked aboard cruise ships operated by NCL, filed suit under the Seaman's Wage Act, 46 U.S.C. 10313 et seq. Plaintiffs alleged that NCL did not pay them their full wages because their compensation did not take into account the amounts they were required to pay their helpers to complete their work on embarkation days. On appeal, plaintiffs argued that the district court erred in not awarding penalty wages under the Act. The court concluded that the district court made findings of fact which were supported by the record and the district court did not err by failing to award penalty wages based upon these findings. There was simply no evidence of willful, arbitrary, or willful misconduct on the part of NCL. Accordingly, the court affirmed the judgment of the district court.