Supreme Court rules against oil drilling platform workers
Latest News
The Supreme Court ruled unanimously Monday against workers on oil drilling platforms off California who argued they should be paid for the off-work time they spend on the platform, including sleeping.
The high court said that federal law applies to the workers and doesn’t require them to be paid for nonworking time spent at their work location on the Outer Continental Shelf. The workers had argued that California law, which would require them to be compensated for that time, should apply.
Justice Clarence Thomas said in an opinion that “federal law is the only law” that applies on the Outer Continental Shelf and “there has never been any overlapping state and federal jurisdiction there.” The question, he said, was whether federal law addressed the question of off-work time spent on the oil rig. He said it did and didn’t require the workers to be paid.
The case before the Supreme Court involved Brian Newton, who worked on drilling platforms off California’s coast near Santa Barbara from 2013 to 2015. Like others living and working on the platform, he worked 14-day shifts, spending 12 hours working and 12 hours off work but on standby, where he could not leave the platform.
In 2015, Newton filed a class action lawsuit arguing that his former employer, Parker Drilling, was violating California law by, among other things, failing to pay workers for the time they spent on standby, including the time they spent sleeping.
In making their ruling, the justices had to grapple with a 1953 law called the Outer Continental Shelf Lands Act. It says federal law applies on the Outer Continental Shelf. But the law also says the laws of the adjacent state are federal law to the extent they are “applicable and not inconsistent” with other federal law. If “federal law applies to a particular issue, state law is inapplicable,” Thomas wrote.
Related listings
-
Semenya wins in court again; claims was denied race entry
Latest News 06/11/2019Caster Semenya has won another court decision in her battle to get track and field's testosterone regulations thrown out.The Olympic 800-meter champion's lawyers say the IAAF, the governing body of athletics, has failed with an urgent request to Swit...
-
Federal appeals court rules against Trump on ending DACA
Latest News 05/12/2019A federal appeals court ruled Friday the Trump administration acted in an “arbitrary and capricious” manner when it sought to end an Obama-era program that shields young immigrants from deportation.A three-judge panel of the 4th U.S. Circ...
-
Supreme Court tosses $315 million award in USS Cole lawsuit
Latest News 03/22/2019The Supreme Court on Tuesday threw out a nearly $315 million judgment against Sudan stemming from the USS Cole bombing, saying Sudan hadn't properly been notified of the lawsuit.The justices ruled 8-1 that notice of the lawsuit should have been maile...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.