Nelson v. Waste Management of Alameda County, Inc.

*274 MEMORANDUM **

The district court did not err in applying the two-year statute of limitations to the employees’ claim for unpaid overtime prior to November 16, 1995 (“Period I”). Even though the statute of limitations defense was not raised in Waste Management’s original motion for summary judgment, it was raised in the original answer to the complaint and in Waste Management’s reply/opposition to the employees’ counter-motion for summary judgment. Moreover, the parties had an opportunity to address the statute of limitations issue at the hearing on the summary judgment motions. Accordingly, the parties had a “full and fair opportunity to ventilate the issues involved,” In re Rothery, 143 F.3d 546, 549 (9th Cir.1998), and it was not error for the district court to rule upon the issue.

The district court also correctly concluded that the two-year statute of limitations applied. Violations of the FLSA are ordinarily subject to only a two-year statute of limitations, and the party claiming an exception to the normal period bears the burden of showing the violation was willful in order to trigger the extended three-year period. 29 U.S.C. § 255 (a). Mere negligence by the…