Loveland

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

LORI LOVELAND, Case No. 24-cv-06142-VC

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART HOME DEPOT’S

MOTION FOR SUMMARY

HOME DEPOT U.S.A., INC., JUDGMENT

Defendant. Re: Dkt. No.

Home Depot’s motion is denied as to Loveland’s wage and hour claims for failure to provide overtime compensation, meal periods, and rest breaks. It is granted as to Loveland’s waiting time and wage statement penalty claims and her UCL claim. This ruling assumes that the reader is familiar with the facts, the applicable legal standards, and the arguments made by the parties. Exemption. As discussed at the hearing, there is a genuine dispute of material fact as to the exemption defense raised by Home Depot. Loveland’s deposition testimony could lead a reasonable jury to find that she spent most of her time performing non-exempt work due to chronic understaffing at the Turlock store. Loveland’s testimony is corroborated by the declaration of Yolih Yonan, who worked alongside Loveland as an assistant store manager.1 Of course, this is not the only, or even the best,…