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Which state's employment laws apply to offshore workers?

March 2020 employment law letter
Authors: 
Mathew A. Goodin, Seyfarth Shaw

This case presents a rather unusual situation in which out-of-state workers performed their jobs on a ship that was docked at Port Hueneme, near Santa Barbara, and provided services to oil platforms located in federal waters off the coast of California. Three crew members filed a class action alleging the ship's owners failed to comply with California wage and hour laws, including paying minimum wage and overtime, providing meal and rest periods, furnishing accurate wage statements, and paying all wages due upon termination. But could the employees establish that California law even applied to their claims?

Ship's owner is a Louisiana company

Gulf Offshore Logistics is a limited liability company formed under Louisiana law. The company's headquarters are in Louisiana, and the Adele Elise, the ship on which the crew members worked, is registered there. The ship was stationed in the Pacific Ocean from 2011 to 2017.

Each former crew member traveled to Louisiana to apply in person for a job on the ship and completed and acknowledged their receipt of employment-related documents in Louisiana. Staff at Gulf's Louisiana headquarters arranged travel for the crew members to and from the vessels to which they were assigned.

Between 2011 and 2017, the Adele Elise was docked at Port Hueneme and provided services to oil platforms located in federal waters off the California coast. While stationed at Port Hueneme, the Adele Elise traveled through the Santa Barbara Channel approximately three times a week to deliver supplies and pick up refuse from four oil platforms.

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