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Specific employment laws apply when working offshore

January 2021 employment law letter
Authors: 
Mathew A. Goodin, Seyfarth Shaw

Three ship crewmembers filed a class action alleging the ship owners failed to comply with California wage and hour laws, including paying minimum wage and overtime, providing meal and rest periods, providing accurate wage statements, and paying all wages due at termination. A court of appeal originally held California law didn't apply to their claims since none of the employees was a California resident and the employer and all its administrative functions were based out of state. Shortly after that, however, the California Supreme Court directed the court of appeal to revisit its decision after it decided a similar issue in two cases involving flight attendants who worked for airlines based in states other than California.

First decision says California law doesn't apply

In our March 9, 2020, issue, we reported on the case of Gulf Offshore Logistics, LLC v. Superior Court. The case involved workers on a ship that was docked in Port Hueneme and serviced oil platforms off the coast of Santa Barbara that were located in federal waters. None of the employees who sought to represent a class of ship workers suing for violations of California wage and hour laws was a resident of California. Gulf Offshore Logistics was based in Louisiana, and payroll and all administrative functions were performed out of its Louisiana headquarters. The ship itself was registered in the state of Louisiana.

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