Flores v. Carnival Cruise Lines

47 F.3d 1120, 1995 AMC 1360 (1995)

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Flores v. Carnival Cruise Lines

United States Court of Appeals for the Eleventh Circuit
47 F.3d 1120, 1995 AMC 1360 (1995)

CS

Facts

Mario Flores (plaintiff) was a cabin steward on a cruise ship owned by Carnival Cruise Lines (Carnival) (defendant). Flores earned a salary of $45 per month from Carnival, but the majority of Flores’s income came from tips from passengers. Carnival’s employment contract specified that Flores could expect to earn tips as high as $1,000 per month and that Carnival would inform passengers of customary tip amounts. Flores averaged approximately $800 in tips per week. After seven months of work, however, Flores fell ill and had to leave the ship for medical treatment. As part of its maintenance-and-cure payments to Flores, Carnival paid Flores bimonthly wages of $161.97, the amount the lowest-paid non-tip-earning crew member on the ship earned. Flores sued Carnival for compensatory and punitive damages, alleging that he should receive wage payments that reflected his lost tips. Carnival filed a motion to dismiss the complaint, claiming that it had no legal duty to pay Flores more than his contractual wages of $45 per month for the wages portion of the maintenance-and-cure payments. The district court granted summary judgment for Carnival. Flores appealed.

Rule of Law

Issue

Holding and Reasoning (Carnes, J.)

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