Newton v. Parker Drilling Management Services, Ltd.

The 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. View "Newton v. Parker Drilling Management Services, Ltd." on Justia Law