Perine

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; ORDER DENYING PLAINTIFF’S PARTIAL MOTION FOR SUMMARY JUDGMENT [11, 16]

I. INTRODUCTION

Plaintiff Lenzy Perine (“Plaintiff’ or “Perine”) was terminated by Defendant ABF Freight Systems, Inc. (“Defendant” or “ABF”), on February 16, 2005. At the time of his termination, Plaintiff was employed as a dispatcher by Defendant, although he had held numerous positions with the company for approximately a decade. The principal issue in dispute is whether Plaintiff should have been classified as an exempt or non-exempt employee under California law.

Plaintiff claims that he was never paid overtime while employed as a dispatcher, from February 2002 through February 2005, despite the fact that he frequently worked hours in excess of his shift. Plaintiff asserts that he is owed unpaid wages in the amount of $66,030. Plaintiff also seeks interest on his overtime compensation, an award of civil penalties under state law, reasonable attorney’s fees, and costs.

This case was originally filed in Los Angeles Superior Court on February 22, 2006. Defendant removed the action to this Court. The lawsuit was filed under California Labor Code §…