Parth

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LOUISE PARTH, individually and on  behalf of all others similarly No. 08-55022 situated, Plaintiff-Appellant, D.C. No. v.  CV-06-04703-

MMM

POMONA VALLEY HOSPITAL MEDICAL

OPINION

CENTER, a California corporation, Defendant-Appellee.  Appeal from the United States District Court for the Central District of California Margaret M. Morrow, District Judge, Presiding

Argued and Submitted April 13, 2009—Pasadena, California

Filed October 22, 2009

Before: William C. Canby, Jr., Johnnie B. Rawlinson, and N. Randy Smith, Circuit Judges.

Opinion by Judge N.R. Smith

14227 PARTH v. POMONA VALLEY HOSPITAL 14231

COUNSEL

Frank J. Coughlin, Santa Ana, California, for the plaintiff- appellant.

Douglas R. Hart and Beth Anne Scheel, Los Angeles, Califor- nia, for the defendant-appellee.

OPINION

N.R. SMITH, Circuit Judge:

When an employer changes its shift schedule to accommo- date its employees’ scheduling desires, the mere fact that pay rates changed, between the old and new scheduling schemes in an attempt to keep overall pay revenue-neutral, does not establish a…