Do employees of snorkel boats in Hawaii fall under the Jones Act?

Our boss refuses to provide us with health insurance, even though Hawaii state law requires companies to provide it to employess working at least 20 hours a week. He says that we fall under the Jones Act. Is this correct?

Thanks for your answer!

Everyone knows that health insurance is costly (it's $500/month for me and my husband). Also, we need to be covered no matter where we are - both on the boat and off. If the law applies to us, it would be great to benefit from it.

Many other charter boat companies in the same harbor provide healh insurance - in an industry with few employee benefits, this cannot be due to anything but the law! I asked another charter boat owner who says that boats have to provide insurance, but I wanted to research it a bit more so I know my rights. Thanks!

Also, the Jones Act covers seapeople who spend 30% of their time at sea. We all work 28 to 44 hours a week.

He may be, although I don't see any Hawai'i case law on the subject.

In any event, if he is, that's a good thing for you.

In most cases, employer provided health care requires the employee to pay part of the premium, and to pay a co-pay when they make a claim. Under the Jones Act, however, an employer is wholly responsible for the medical treatment of a seaman during the course of his service to the ship. "During the course of his service" has been interpreted to cover the whole time you're on staff.

If your employer thinks he's avoiding costs by not signing you up for insurance, he's a fool. While this way he may not be responsible for covering purely 'preventative' care - such as vaccinations - if you get sick he has to pay ALL your medical costs.

Richard