Doe

Doe v. Butler Amusements, Inc.

Good Law
71 F. Supp. 3d 1125·2014 WL 5465599·24 Wage & Hour Cas.2d (BNA) 309·2014 U.S. Dist. LEXIS 152500
United States District Court, Northern District of CaliforniaOctober 27, 2014Case No. 13-cv-03027-JCSCalifornia9,523 words

Opinion

Lead Opinion

Spero, J.

ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT

Re: Dkt. Nos. 59,

I. INTRODUCTION

Plaintiffs in this action (John Doe I and John Doe II) worked for Defendant Butler Amusements, Inc. as carnival guest workers under the Department of Labor’s H-2B Temporary Work Visa Program. They assert wage and hour claims under the Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. §§ 201 , et seq., and under California state law. Before the Court are cross-motions for summary judgment addressing whether Defendant is exempt from federal and/or state law wage and hour requirements. A hearing on the motions was held on Friday, September 19, 2014 at 2:00 pm. The parties submitted supplemental briefs following the hearing. For the reasons stated below, the motions are GRANTED in part and DENIED in part.

II. BACKGROUND

A. Facts

1. Defendant’s Operations

Defendant Butler Amusements, Inc. owns and operates a traveling carnival, typically operating at 135-140 distinct locations in Arizona, California, Idaho, Nevada, Oregon, and Washington State during its season. Joint Statement of Undisputed Material Facts (“JSUMF”), Nos. 17-18 (citing Butler Amusements, Inc.’s Motion for Partial Summary…

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