McDermott Sees Overtime Claims Against Client Dismissed in Ninth Circuit


McDermott Will & Emery secured a victory in the US Court of Appeals for the Ninth Circuit for client Irwin Industries, Inc.

A worker on an offshore oil platform had brought a putative class action, alleging that Irwin Industries violated California labor law by denying him overtime pay, failing to provide meal and rest breaks and amassing unpaid wages. A three-member panel of the Ninth Circuit unanimously agreed to dismiss the plaintiff’s overtime claims, agreeing with McDermott’s argument that these claims were preempted by section 301 of the Labor Management Rights Act. It was on this same basis that the case was previously removed to federal district court and subsequently dismissed.

The plaintiff’s remaining claims have been remanded to the district court.

The McDermott team included Ron Holland, Ellen Bronchetti and Christopher Foster. The case is Curtis v. Irwin Industries, Inc.

Earlier this month, the US Supreme Court agreed to hear arguments in Parker Drilling Management Services Ltd v. Brian Newton, in which the Ninth Circuit ruled that California’s wage and hour laws should apply to offshore drilling workers. Holland and Bronchetti are serving as counsel to Parker Drilling Management.

About McDermott

McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. With 20 locations on three continents, our team works seamlessly across practices, industries and geographies to deliver highly effective—and often unexpected—solutions that propel success. More than 1,100 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve.

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