Newton v. Parker Drilling Management Services, Ltd., No. 15-56352 (9th Cir. 2018)
Annotate this CaseThe absence of federal law is not a prerequisite to adopting state law as surrogate federal law under the Outer Continental Shelf Lands Act, 43 U.S.C. 1333(a)(2)(A). The Ninth Circuit vacated the district court's dismissal of an action alleging wage and hour violations under California law. The panel rejected the proposition that "necessity to fill a significant void or gap," was required in order to assimilate "applicable and not inconsistent," state law into federal law governing drilling platforms affixed to the outer Continental Shelf. Finally, the panel vacated the dismissal of claims brought under California's meal period, final pay, and pay stubs laws. The panel remanded for further proceedings. On remand, the district court shall determined whether these laws were "not inconsistent" with the existing federal law.
Court Description: Labor Law. The panel vacated the district court’s dismissal on the pleadings of California wage and hour claims brought by workers employed on drilling platforms fixed on the Outer Continental Shelf. The Outer Continental Shelf Lands Act provides that the laws of the adjacent state are to apply to drilling platforms fixed to the seabed of the Outer Continental Shelf as long as state law is “applicable” and “not inconsistent” with federal law. The panel held that California’s minimum wage and overtime laws are not inconsistent with the Fair Labor Standards Act, which establishes a national floor under which wage protections cannot drop. The panel therefore vacated the dismissal of these claims. In addition, the panel vacated the dismissal of claims brought pursuant to California’s meal period, final pay, and pay stub laws, and instructed the district court to determine on remand whether these laws are “not inconsistent” with existing federal law. The panel also vacated claims under NEWTON V. PARKER DRILLING MGMT. SERVS. 3 California’s Private Attorney General Act and Unfair Competition Law, and it remanded the case for further proceedings.
The court issued a subsequent related opinion or order on April 27, 2018.
The court issued a subsequent related opinion or order on July 23, 2019.
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