Jennifer L. Henn  |  August 27, 2020

Category: Covid-19

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Bahamas Paradise Cruise Line has agreed to pay $875k to workers stranded during the coronavirus outbreak.

Less than three weeks after crew members filed a class action lawsuit against the Bahamas Paradise Cruise Line for forcing them to stay onboard for months without pay during the coronavirus outbreak, the workers have tentatively agreed to settle the case.

The plaintiffs submitted a notice to the U.S. District Court in Miami on August 21 saying they had already reached a tentative agreement with Classica Cruise Operator Ltd., Bahamas Paradise’s parent company. Judge Beth Bloom then issued an order on Aug. 24 effectively closing the case pending final approval of the negotiated deal.

The Miami Herald reported the proposed settlement amount will be $875,000 which will be divided among 275 crew members.

Lead plaintiff Dragan Janicijevic, a Serbian citizen and casino worker for Bahamas Paradise, filed the federal class action lawsuit on Aug. 4 after the company failed to get him back to his home in a timely manner and pay the two months of severance as his employment contract required it to.

Overall, the plaintiffs allege the cruise ship operator deprived them of wages, required them to “perform duties” without pay – cooking, cleaning, operating the ship and general maintenance of the vessel, among other things – restrained them on the ship, and dragged its feet in returning them home.

Bahamas Paradise Cruise Line operates two sister ships, the Grand Classica and Grand Celebration, which typically sail between Palm Beach, Florida and the Bahamas. Janicijevic was a casino worker aboard the Grand Classica on March 14 when the coronavirus outbreak and ensuing pandemic prompted the U.S. Centers for Disease Control and Prevention to issue a “No Sail Order.” The order shut down all cruise ship travel in American waters.

Two days later, the company transferred all crew members from the Grand Classica to the Grand Celebration, the class action lawsuit says. Two days after that, cruise line managers onboard told the subordinate employees they might not have jobs later if they refused to sign waivers saying they voluntarily requested to stay on board, without pay, instead of choosing to fly home until travel restrictions were lifted or the cruise line could resume normal operations.

An investigation by The Miami Herald led the newspaper to report crew members said they were charged for all manner of necessary items while stranded onboard the ship, including “toiletries and bottled water.”

It took months for crew members to get back home and the company even actively prevented some from leaving, the plaintiffs said. On April 18, the coronavirus outbreak class action lawsuit says, the Honduran consulate in Miami arranged to fly all Honduran crew members home, but Bahamas Paradise Cruise Line refused to allow them to leave the ship.

Furthermore, the coronavirus outbreak class action lawsuit said the crew members “were unnecessarily kept on the ships for months on end, many thousands of miles away from their homes and families.” There were still some crew members stranded aboard the ship when the class action lawsuit was filed, it said.

Bahamas Paradise Cruise Line has agreed to pay $875k to workers who were held on ships without pay during the coronavirus outbreak.

Remarkably, there are allegedly still crew members effectively being held hostage on the ship. The Palm Beach Post reports that approximately 40 crew members are still onboard the Grand Celebration, which is now docked at the Port of Palm Beach. The remaining workers are reportedly being paid to keep the ship functional.

Bahamas Paradise Cruise Line has denied all the allegations against it despite settling the claims. The decision to settle the case came after “an aggressive and active early mediation in this matter,” the plaintiffs said in the notice of pending settlement.

Attorneys for Classica Cruise Operator Ltd. and the plaintiffs are still working to finalize the terms and conditions of the settlement agreement.

In the notice filed Aug. 21, the plaintiffs requested 10 days to work through the details of the settlement before submitted a proposal for the court’s review.

Once the detailed proposal is submitted, Judge Bloom will review its terms and decide whether to approve it.

Have you experienced lost wages or other unfair labor practices as a result of the ongoing coronavirus outbreak? Tell us about it in the comment section below.

Plaintiffs and the rest of the proposed Class Members are represented by Michael A. Winkleman, Daniel W. Grammes and Andrew S. Freedman of Lipcon Margulies Alsina & Winkleman PA and Adam Moskowitz and Howard M. Bushman of The Moskowitz Law Firm PLLC.

The Bahamas Paradise Cruise Line Class Action Lawsuit is Dragan Janicijevic, et al. v. Classica Cruise Operator Ltd., Case No. 1:20-cv-23223, in the U.S. District Court for the Southern District of Florida.

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