Langley

MEMORANDUM *

MC Communications Inc. (“MCC”) appeals the district court’s orders remanding Plaintiffs Jon Langley, Michael McGraw and Roberto R. Andrade’s (collectively, “Employees”) state law claims (the “Remand Order”) and dismissing Employees’ federal claim for violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. *61 §§ 201-19 (the “Dismissal Order”). Employees cross-appeal the portion of the Remand Order retaining jurisdiction over the FLSA claim. We conclude that we lack appellate jurisdiction over the appeal and cross-appeal of the Remand Order. We do, however, have jurisdiction over the appeal of the Dismissal Order pursuant to 28 U.S.C. § 1291 , and we affirm.

We must address our jurisdiction, even if the parties do not. WMX Techs., Inc. v. Miller, 104 F.3d 1133 , 1135 (9th Cir.1997) (en banc). Although review of the Remand Order is not precluded by 28 U.S.C. § 1447 (d), we have held that a district court’s discretionary decision to decline supplemental jurisdiction is neither a final order nor a collateral order reviewable under 28 U.S.C. § 1291 because that decision is a jurisdictional one, not a substantive decision on the merits. See Executive Software N.…