Legal Opinion
Pacific Merchant Shipping Ass'n v. Aubry
District Court, C.D. California
Decided March 1, 1989No. CV 88-0848-AWTPublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION
TASHIMA, District Judge.
I. BACKGROUND
This case raises a novel issue of federal admiralty law: Whether California can apply its overtime pay provisions to seamen and to maritime employees employed on vessels situated primarily on the high seas.
Plaintiffs and intervenors seek declaratory and injunctive relief that California’s labor laws are preempted by federal admiralty law and the United States Constitution insofar as they purport to regulate the wages, hours and working conditions of maritime employees whose work situs is a vessel normally situated on the high seas and…
2Cases cited21 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Babbitt v. United Farm Workers National UnionSupreme Court of the United States · 1979
- East River Steamship Corp. v. Transamerica Delaval Inc.Supreme Court of the United States · 1986
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
16 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Tidewater Marine Western, Inc. v. BradshawCalifornia Supreme Court · 1996
- Pacific Merchant Shipping Ass'n v. AubryCourt of Appeals for the Ninth Circuit · 1990
- Pacific Merchant Shipping Association American Institute of Merchant Shipping Offshore Marine Service Association Western Oil and Gas Association Clean Seas v. Lloyd W. Aubry, Jr., Labor Commissioner, Division of Labor Standards Enforcement, Department of Industrial Relations, State of California v. Tidewater Marine Service, Inc. Western Boat Operators, Inc., Plaintiff/intervenors-AppelleesCourt of Appeals for the Ninth Circuit · 1990
- Cruz v. Chesapeake Shipping Inc.District Court, D. Delaware · 1990
- Hydrostorage, Inc. v. Northern California Boilermakers Local Joint Apprenticeship CommitteeCourt of Appeals for the Ninth Circuit · 1989
3 more not listed; retrieve them via the Exa API.