Tomlinson
Tomlinson v. Indymac Bank, F.S.B.
Opinion
Opinion
Selna, J.
Order re Motion for Judgment on the Pleadings re California Unfair Competition Claims ofNon-Opt-In Plaintiffs
Defendants Indymac Bank, F.S.B. and Indymac Resources, Inc. (collectively, “In-dymac”) have filed the instant motion for a judgment on the pleadings seeking a declaration that the parties who have not opted into the representative class (“Non-OpN Ins”) are precluded by the federal Fair Labor Standards Act of 1938 (“FLSA”) from bringing their claims under California’s unfair competition law (“UCL”). For the reasons set forth below, the Motion is denied.
I. BACKGROUND
Plaintiffs have alleged violations of the FLSA and UCL. The Complaint seeks to recover unpaid overtime compensation, liquidated damages, compensation for unlawfully withheld wages, meal and rest break violations, and statutory penalties. Complaint, ¶ 2.
29 U.S.C. § 216 (b) (“Section 216(b)”) provides that an employee cannot bring an action under the FLSA “unless he gives his consent in writing to become such a party arid such consent is filed in the court in which such action is brought.” On June 21, 2004, this Court conditionally certified the class of “opt-in plaintiffs” under Section 216(b).