Ross

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS OR STAY

Presently pending before the Court is defendant’s motion to dismiss or stay. After consideration of the parties’ papers and the arguments of counsel, the Court GRANTS in part and DENIES in part the motion.

BACKGROUND

1. This action

Plaintiffs bring this putative class action on behalf of all U.S. Bank employees in California, Oregon, and Washington. Plaintiffs assert the following 12 wage/ hour claims against defendant: (1) failure to pay adequate wages to non-exempt (hourly) employees because of a rounding practice in violation of California, Oregon, and Washington law; (2) failure to pay minimum wages to hourly employees as required by California, Oregon, and Washington law and the Fair Labor Standards Act (FLSA), 29 U.S.C. 216; (3) failure to pay overtime wages to hourly employees as required by California, Oregon, and Washington law and the FLSA; (4) failure to pay overtime wages to employees in the Sales and Service Manager (SSM) position, as they are improperly classified as exempt under Oregon and Washington law and the FLSA; (5) improper deduction for lost time under California and Oregon…