Maritime Law-Presentation at the Newport Charter Show on MLC

On June 24, 2014, I had the pleasure of speaking at the Newport Charter Show on the topic titled "The Climate on Crewing has Changed; The Maritime Labor Convention 2006 Enters Into Force".

Photograph of Newport Boat Show taken from newportboatshow.com

I have been writing continuously on the entry into force of the Maritime Labor Convention, commonly referred to as the “MLC”. On August 20, 2013, the MLC entered into force and institutes minimum standards of living conditions, fair employment practices and other employment protection for vessel crew on a worldwide basis. While many yacht owners and operators are under the impression that the MLC does not affect them, the MLC in fact directly impacts the operations of every vessel engaged in charter service.

The presentation covered:

Significant changes in the manager-employee climate as it relates to full and part time crew
The issues of ratification by the various flag states; who this will affect and what the affected industry players should know about the new requirements

The 1 hour presentation was followed by two case scenarios that were given to the audience to review, handle and discuss. The two case scenarios went into other legal areas, including the Jones Act, repatriation of crew, handling STCW issues in light of injured/ill crew, handling crew employment contracts whether or not the vessel is subject to MLC and other such issues. The presentation was attended by individuals representing crew placement services, maritime attorneys, yacht brokers, marine insurance brokers, operators, captains and others with a stake in the implementation of MLC on yachts.

Photograph of Newport Harbor from history.com

The feedback I have received thus far from the presentation was that it was extremely helpful and presented in such a way that made it easy for those responsible for implementing the MLC to take back to their owners/operators for further discussion.

A copy of the show event schedule can be found here => Newport Charter Show Event Schedule. If you are interested in learning more about the show or the presentation given, please feel free to contact me at mov@chaloslaw.com.

Comments

ReThink + ReUse Center "It's How We Roll" Fun Raiser -- Bowling Night -- October 16, 2014

As many of my readers may be aware, I am the Chair of the ReThink + ReUse Center, a non-for-profit educational and environmental Center in Miami educating children into rethinking reuseable materials for learning through play. The ReThink and ReUse Center’s Quality Play is Learning Program provides a series of educational and participatory workshops based on the philosophies of Reggio Emilia and Harvard's Project Zero Visible Thinking. The Children’s Trust is the major funder of this program, but the Center is required to continually fundraise for the balance its annual budget. The Center is having a fun event you are invited to--the ReThink + Reuse Center’s “It’s How We Roll” bowling event on October 16, 2014 at Splitsville Luxury Lanes from 18:00 to 21:30 hours. My firm, Comcast and Waste Management are major sponsors for this event, but we could use a few more sponsors. If you are interested in sponsoring the event, please let me know by reaching me at mov@chalos

Maritime Law--Florida's Arbitration Code Is Now Revised

Those of us that practice maritime law regularly must always be on the lookout for the contract that may contain an arbitration clause. Thus, any laws related to arbitration are important to those of us practicing in this sector. The Florida legislature has revised the Florida Arbitration Code ("FAC") and named it the Revised Florida Arbitration Code (the " Revised Act"). Since 1967, the FAC had gone mostly unchanged. The Revised Act addresses concepts that were not addressed in the old law, such as the ability of arbitrators to issue provision remedies, challenges based on notice, consolidation of separate arbitration proceedings, required conflict disclosures by arbitrators, among other major changes. The Revised Act lays out a detailed framework for international arbitration conducted under Florida law and repeals sections of the FAC. The Revised Act spells out what experienced arbitrators knew the case law to be, but codifies it all in one pl

Maritime Law--Lozman Case Revisited in Miami?

In Hoefling v. City of Miami , Case no.: 14-12482 (11th Cir. Jan. 25, 2016), the U.S. Court of Appeals for the Eleventh Circuit revived almost all of Hoefling's claims. You ask, "Who is Hoefling?" Hoefling lived on his sailboat Metis O moored off Dinner Key for nearly a decade—until the day he came home and it was gone. About three months earlier, an officer from the Miami Police Department's Marine Patrol Detail tagged Hoefling's vessel for lacking a sanitary device and a working anchor light. He had a deal to use the facilities at the nearby marina but quickly went out and reportedly bought what he needed to comply. Three months later while he was on a business trip, the City of Miami seized and destroyed his boat and all his belongings. As a result, he was homeless. He sued under § 1983, maritime law, and state law. He stated a claim under the Fourth Amendment for seizure and destruction without notice or cause and a “taking.” At the U.S. Distric

Miami Shipping Law

Search This Blog