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.
Argued and Submitted March 9, 2009
Filed October 22, 2009
Opinion by Judge Smith
Frank J. Coughlin, Santa Ana, CA