United States Ninth Circuit

In an action alleging that defendant's use of different base hourly rates violated the Fair Labor Standards Act (FLSA) by denying unionized employees overtime pay, summary judgment for defendant is affirmed where, when an employer changes its shift schedule to accommodate its employees' scheduling desires, the mere fact that pay rates changed, between the old and new scheduling schemes in an attempt to keep overall pay revenue-neutral, does not establish a violation of the FLSA's overtime pay requirements.

Appellate Information

• Argued 04/13/2009
• Decided 10/22/2009
• Published 10/22/2009

Judges

• N.R. SMITH, Circuit Judge:, Before:  WILLIAM C. CANBY, JR., JOHNNIE B. RAWLINSON, and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Frank J. Coughlin, Santa Ana, CA, for the plaintiff-appellant., Lior Ziv and James M. Harris, Sidley Austin LLP, Los Angeles, CA, for Amicus Curiae.


• For Appellees:
  
• Richard J. Simmons, Douglas R. Hart, Jason W. Kearnaghan and Beth Anne Scheel, of Sheppard, Mullin, Richter and Hampton LLP, Los Angeles, CA, for the defendant-appellee.