Service Employees International Union, Local 102 Probation Officers Association Roslinda Arellanes Teresa Ayala Renee U. Bonner v. County of San Diego

ORDER

The opinion filed October 10, 1994, slip op. 12181, and appearing at 35 F.3d 483 (9th Cir.1994) is ordered amended as follows: [Editor’s Note: Amendments incorporated for purposes of publication]

In addition to these amendments, and as part of this order, the panel responds to the petition for rehearing and the suggestion for rehearing en bane and supplements its opinion published at 35 F.3d 483 (9th Cir.1994).

The full court was then advised of the suggestion for rehearing en banc. An active judge requested a vote on whether to rehear the matter en bane. The matter failed to receive a majority of the votes of the nonre-cused active judges in favor of en bane consideration. Fed.R.App.P. 35.

The petition for rehearing is denied, and the suggestion for rehearing en banc is rejected.

OPINION

Employees of the County of San Diego sued the County of San Diego (“County”), claiming it failed to pay overtime compensation in accordance with the Fair Labor Standards Act (“FLSA”). 29 U.S.C. §§ 201-219 . The district court issued three orders granting partial summary judgment for plaintiffs. See Service Employees Int’l Union, Local 102 v. County of San Diego, 784 F.Supp. 1503…