Sarviss

ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT, DENYING MOTION FOR CERTIFICATION OF COLLECTIVE ACTION, AND DENYING MOTION FOR CLASS CERTIFICATION

[Defendant’s Motion for Summary Judgment filed on April 6, 2009; Plaintiffs Motions filed March 27, 2009]

This matter comes before the Court on three motions filed by the parties. Plaintiff John D. Sarviss (“Sarviss” or “Plaintiff’), who brings this wage and hour case as a purported class action and collective action, has filed a Motion for Certification of a Collective Action as to his Fail’ Labor Standards Act (“FLSA”) claims and a Motion for Class Certification of his California state wage and hour claims. In addition to opposing Plaintiffs certification motions, Defendant General Dynamics Information Technology (“GDIT” or “Defendant”) moves for summary judgment on Plaintiffs claims. After reviewing the materials submitted by the parties, hearing oral argument, and considering the issues raised in both, the Court grants in part and denies in part Defendant’s Motion and denies Plaintiffs Motions for the reasons stated below.

I. BACKGROUND

Plaintiff filed this action in California state court on January 28,…