James Edward Larkins v. Hudson Waterways Corp.

Appellant Larkins seeks wages allegedly owed to him by appellee Hudson Waterways Corporation, along with penalties under 46 U.S.C. § 596 for refusal to pay those wages. A United States Magistrate found that Larkins was not entitled to claimed overtime' pay and to wages lost while he pursued his claims against Hudson. The magistrate also found that Larkins was not entitled to double wages as a penalty for Hudson’s refusal to pay him wages which Hudson admittedly owed to him. The magistrate’s opinion was adopted by the district court. Larkins appeals the decision. We affirm.

THE FACTS

On October 8, 1974, Larkins signed on as third mate on the S.S. Suamico, a merchant vessel operated by Hudson. The ship proceeded from Los Angeles to Yokohama, Japan, where the voyage ended prematurely. On November 15, most of the crew returned to the United States. On November 18, Larkins’ employment was terminated, and he returned to Los Angeles.

After returning to the United States, Larkins made several wage claims against Hudson. He did not submit a written voucher for the additional pay, as required by Hudson and the collective bargaining agreement, although the rest of the crew did. Nor did he…