Eli Dunn v. Bryce Hatch, et al.
SocialSecurity Securities Immigration
Should punitive damages be available to commercial fishermen cheated on their wages?
QUESTIONS PRESENTED 1. Should punitive damages be available to commercial fishermen cheated on their wages? 2. Is there a conflict among federal courts of appeal, and within the Ninth Circuit itself, as to whether 46 U.S.C. § 11107 provides a penalty for the nonpayment of wages as opposed to a penalty rate of wages for the failure to have a written contract of employment? 3. Can state law wage penalties be applied to claims brought by commercial fishermen, despite 46 U.S.C. § 11107? 4. Asa matter of public policy, should the Court when sitting in admiralty fashion a remedy where Congress is silent on wage protection for seamen, other than the statutory penalty for the failure to pay wages to merchant seamen on foreign voyages?