Barnett

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAVID BARNETT, et al., Case No. 18-cv-01383-JD

8 Plaintiffs,

FINDINGS OF FACT AND

9 v. CONCLUSIONS OF LAW

10 CITY OF SAN JOSE, Defendant. 11

12 13 Plaintiffs are firefighters employed by defendant City of San Jose (City). They sued the 14 City for unpaid overtime they allege the City owes them under the Fair Labor Standards Act 15 (FLSA), Pub. L. No. 75-718, 52 Stat. 1060 (1938) (codified as amended at 29 U.S.C. §§ 201 et 16 seq.). See generally Dkt. No. 46 (SAC). In a nutshell, the FLSA establishes, among other things, 17 a minimum amount that firefighters must be compensated for overtime work. The City pays the 18 firefighters pursuant to a collective bargaining agreement. To ensure compliance with the FLSA, 19 the City compares at the end of each relevant period the amount paid under the agreement to the 20 amount it is obligated to pay under the statute. If the amount paid per the agreement is below the 21 amount due under the FLSA, the City pays the firefighter the…