Ontiveros

ORDER RE DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [37] AND PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT^]

Pending before the Court are Defendant Safelite Fulfillment, Inc.’s (“Safelite”) motion for summary judgment [Doc. #37] and Plaintiffs motion for partial summary judgment [Doc. #39]. The Court has reviewed and considered the papers filed in support of and in opposition to the, motions, and heard oral argument on January 20, 2017. For the reasons that follow, the motions are hereby granted in part and denied in part.

I. PROCEDURAL BACKGROUND

Plaintiff Yadir A. Ontiveros (“Plaintiff’) initiated this action on September 9, 2015, by filing a complaint against Defendants Safelite Group, Inc., Safelite Glass Corp., and Safelite Fulfillment, Inc. [Doc. # 1.] Plaintiff filed a First Amended Complaint (“FAC”) against the same defendants on October 28, 2015. [Doc. # 20.] The FAC asserts claims for: (1) failure to pay adequate compensation for overtime work, in violation of Cal. Lab. Code §§ 204 , 510, 558, 1194, and 1198; (2) failure to pay overtime, in violation of the Fair Labor Standards Act, 29 U.S.C. § 207 ; (3) failure to pay minimum wage for all hours worked, in violation of…