Parth v. Pomona Valley Hosp. Med. Ctr., No. 08-55022 - U.S. Ninth Circuit
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Parth v. Pomona Valley Hosp. Med. Ctr., No. 08-55022

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.

Read Parth v. Pomona Valley Hosp. Med. Ctr., No. 08-55022

Appellate Information

Argued and Submitted March 9, 2009

Filed October 22, 2009

Judges

Opinion by Judge Smith

Counsel

For Appellant:

Frank J. Coughlin, Santa Ana, CA

For Appellee:

Douglas R. Hart and Beth Anne Scheel, Los Angeles, CA