The History of the Jones Act

Seaman and sailors lacked legal protection againstAct. To qualify as a seaman and to be eligible for
deplorable working and living conditions on board shipsprotection under the Jones Act, the United States
before 1920. With the passing of the MerchantSupreme Court ruled in the case of Chandris, Inc., v.
Marine Act of 1920, commonly referred to as theLatsis that a worker must spend more than thirty
Jones Act, seamen finally had safety and security forpercent of his or her time in the service of a vessel
their rights. Senator Wesley L. Jones of Washingtonon navigable waters.
proposed the law as a means of maintaining a viableAlthough the Merchant Marine Act of 1920 has helped
working force for the seas, bolstering the growth ofmany seamen work in an environment of improved
both foreign and domestic marine commerce.safety, criticisms do exist. The restrictions on shipping
The Jones Act is specifically a cabotage law,and working conditions cause the price of moving
governing the transport of goods and passengersgoods and passengers between ports to skyrocket.
between two points within the same country. TheCritics of the act label it as protectionism, an
law requires that seventy five percent ofeconomic policy restraining free trade. Other negative
crewmembers must be United States citizens. Repaircomponents of the Jones Act include damage to the
work on the vessels is also controlled by the Jonesshipbuilding industry. The United States is unable to
Act. No more than ten percent of the hull andcompete in the international shipping market as
superstructure of the ships can be fixed by foreignforeign crews are willing to work for a fraction of
repair. This aids in preventing American ships fromthe wages of American crews.
refurbishing their structure at overseas shipyards withOccasionally the Jones Act is waived for extenuating
foreign built steel.circumstances. In the wake of Hurricane Katrina, the
In terms of seaman's rights, the Jones Act protectsJones Act was temporarily waived for foreign
sailors by allowing them to claim damages from theirvessels carrying oil and natural gas for a two week
employers for negligence on the part of the shipperiod in 2005. Declining oil production encouraged a
owner, captain, or crew. Unseaworthiness of ships iswaiver for the Chinese ship Tai An Kou to pull an oil
also a legal cause for litigation according to the Jonesrig to Alaska.