DUPLESSE

DUPLESSE v. County of Los Angeles

Good Law
714 F. Supp. 2d 1045·2010 WL 2163104·2010 U.S. Dist. LEXIS 59778
United States District Court, Central District of CaliforniaMay 18, 2010CV 08-5819 AHM (FMOx)California5,265 words

Opinion

Opinion

Matz, J.

Proceedings: IN CHAMBERS

(No Proceedings Held)

Stephen Montes, Deputy Clerk.

Plaintiffs Richard Duplesse and Tom Fahrny (collectively, “Plaintiffs”) brought this case as a collective action pursuant to section 216(b) of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216 (b). Plaintiffs, who are fire fighters employed by the County of Los Angeles (“County”), allege that the County is violating the FLSA by failing to pay them overtime compensation at one and one-half times the “regular rate of pay” as defined by the FLSA. Specifically, they allege that the County is required to include certain non-discretionary bonuses given to fire fighters who work in certain positions in the “regular rate of pay” for purposes of calculating overtime. Because the Court finds that the manner in which the County determines Plaintiffs’ regular rate of pay and calculates overtime does not violate the FLSA, the Court GRANTS Defendant’s Motion for Summary Judgment.

1. FACTS

The relevant facts are not in dispute. All 82 class members are regularly assigned to paramedic post (“Post Paramedic”) positions or to the Hazardous Materials (“Haz-Mat”) Task Force. They are employed as “Item 0199” Fire…

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