Boyce
Boyce v. Independent Brewers United Corp.
Opinion
Lead Opinion
Rogers, J.
Order Regarding the Proper Measure of Damages
Re: Dkt. No. 96,
Plaintiff Victor Boyce brings this action against defendants Independent Brewers United Corporation and North American Breweries, Inc. in connection with his employment at their brewery facility in Berkeley, California, for alleged violations of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. section 207 (a)(1). Plaintiff contends he was improperly denied overtime pay as a result of defendants’ misclassifícation of him as an exempt employee during the relevant time under the FLSA, 29 U.S.C. section 213 . Based thereon, plaintiff seeks overtime *943 pay for actual hours worked during the relevant time, liquidated damages, and attorney fees.
On September 27, 2016, the parties entered into a stipulated request asking the Court to rule on the proper method to measure plaintiff’s damages to further settlement discussions prior to trial. (Dkt. No. 90.) The Court granted such request. (Dkt. No. 91.) Now before the Court are the parties’ cross-motions for summary judgment as to the proper method for calculating plaintiffs damages should he ultimately succeed. (Dkt. Nos. 96, 97.) Defendants contend the “Fluctuating…