Klem

This appeal arises under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. Plaintiffs, who are managers and registered nurses employed by defendant County of Santa Clara, filed actions seeking overtime pay under the FLSA. Defendant moved for summary judgment, arguing that it could correct its failures to comply with the relevant administrative rules through the regulatory “window of correction.” The district court issued an order denying the motion and granting Plaintiffs’ cross-motion for summary judgment and certified its order for interlocutory appeal under 28 U.S.C. § 1292 (b). Defendant appealed, contending that the district court had erred in denying its motion, and this court permitted the appeal. For the reasons that follow, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Two related groups of plaintiffs brought FLSA actions. The Klem plaintiffs are registered nurses who are or were employed by Defendant. In October 1991, they filed a complaint seeking a declaratory judgment that Defendant had violated the FLSA by improperly denying them overtime compensation. The Assenza plaintiffs are managers who are or were employed by Defendant. They filed a complaint…