Wang
Wang v. Chinese Daily News, Inc.
Opinion
Opinion
Marshall, J.
ORDER RE: PARTIES’ CROSS MOTIONS FOR SUMMARY JUDGMENT
The matters before the Court, the Honorable Consuelo B. Marshall, Judge, presiding, are cross motions for summary judgment filed by the parties.
JURISDICTION
This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1367.
BACKGROUND & PROCEDURAL HISTORY
Plaintiffs allege multiple labor violations by Defendants, pursuant to the Fair Labor Standards Act (“FLSA”), the California Labor Code, and the California Business and Professions Code § 17200 et seq. On January 20, 2005, the Court issued an amended order granting Plaintiffs’ motion for class certification pursuant to Fed. R.Civ.P. 23(b)(2) and directing that notice and an opportunity to opt out be given to class members consistent with Rule 23(c)(2)(B). Jan. 20, 2005 Order at 13:4-16:12.
On January 17, 2006, the parties filed cross-motions for summary judgment. Both parties seek summary judgment on the following issues: (1) Defendant Chinese Daily News’ (“CDN”) vacation “buy back” policy, (2) the validity of wage statements issued by CDN, and (3) CDN reporters’ entitlement to overtime. Additionally, Plaintiffs seek summary judgment on the issue of how overtime pay is…