Karmin v. Marine Express
Following a trial de novo conducted under Labor Code section 98.2, the superior court rejected appellant Jerrold Karmins claim that he was entitled to overtime wages under state law for work performed while captaining vessels exclusively within California coastal waters. We agree with Karmin that the trial court erred in concluding his claim was preempted by the seamans exemption of the Fair Labor Standards Act (FLSA; 29 U.S.C. 207, 213(b)(6)). We reject the argument by Karmins employer, respondent Marine Express, Inc. (Marine Express), that we lack the jurisdiction to entertain this appeal as one having been taken from a limited civil case involving an amount in controversy of $25,000 or less. (Code Civ. Proc., 85, 86, 904.1, 904.2.)
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