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PACIFIC MERCHANT SHIPPING ASS'N v. AUBRY

No. CV 88-0848-AWT.

709 F.Supp. 1516 (1989)

PACIFIC MERCHANT SHIPPING ASSOCIATION, a nonprofit California corporation; American Institute of Merchant Shipping, an unincorporated trade association; Offshore Marine Service Association, a nonprofit Louisiana corporation; Western Oil & Gas Association, a nonprofit California corporation; and Clean Seas, an unincorporated cooperative association, Plaintiffs, v. Lloyd W. AUBRY, Jr., Labor Commissioner, Division of Labor Standards Enforcement, Department of Industrial Relations, State of California, Defendant, Tidewater Marine Service, Inc. and Western Boat Operations, Inc., Intervenors.

United States District Court, C.D. California.

March 1, 1989.

Attorney(s) appearing for the Case

Musick, Peeler & Garrett, a Law Partnership including Professional Corporations, Los Angeles, Cal., Richard J. Simmons, P.C., Thomas E. Hill, Los Angeles, Cal., Bright & Powell, Gary M. Bright, Carpinteria, Cal., for plaintiffs.

Division of Labor Standards Enforcement, H. Thomas Cadell, Chief Counsel, Ramon Yuen-Garcia, San Francisco, Cal., for defendant.

Sheldon A. Gebb, Bill E. Schroeder, Michael M. Johnson, McCutchen, Verleger & Shea, Los Angeles, Cal., for intervenors.

Frank J. Artusio, Anticouni & Anticouni, a Professional Corp., Santa Barbara, Cal., amicus curiae.

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...

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