Silloway

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

KRISTEN SILLOWAY, et al., Case No. 20-cv-07400-RS (AGT)

Plaintiffs,

DISCOVERY ORDER

v. Re: Dkt. No. 116

CITY AND COUNTY OF SAN

FRANCISCO,

Defendant.

According to CCSF, staff nurses sometimes ask CCSF’s payroll department “not to pay [them] for certain hours associated with holidays and defer the use of those hours to a later time.” Dkt. 61-2 at 9 n.3. Yet such occasions aren’t covered by any of the 32 pay codes in CCSF’s payroll system, so CCSF’s experts, for purposes of this litigation, created a code post hoc, the Voluntary Leave Without Pay code (VLWP), to account for them. See id. Plaintiffs reasonably want fulsome discovery related to VLWP. CCSF’s experts used the code to account for unpaid time, and whether time was unpaid because of CCSF’s actions (e.g., cutting shifts and pay during particular pay periods) or nurses’ actions (e.g., requesting unpaid holiday leave) matters for purposes of determining whether staff nurses were “bona fide professional[s]” exempt from FLSA overtime pay requirements. Silloway v. City & Cnty. of San Francisco, 117 F.4th 1070, 1074 (9th Cir. 2024). Plaintiffs reasonably…