No. 04-57134

491 F.3d 1053 Robert BURNSIDE; Francisco Gomez; Ray Arnett, Individually, on behalf of themselves and all others similarly situated; Charles Lingenfelter; Ron Crues; Charles R. Williams, Individually, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. KIEWIT PACIFIC CORPORATION, a Delaware Corporation; Does, 1 through 100 inclusive. Defendants-Appellees. No. 04-57134. United States Court of Appeals, Ninth Circuit. Argued February 16, 2007. Submitted June 20, 2007. Filed June 20, 2007. George F. Schaefer, Law Offices of George F. Schaefer, San Diego, CA, for the plaintiffs-appellants. Thomas R. Kaufman, Seyfarth Shaw LLP, Los Angeles, CA, for the defendant-appellee. Appeal from the United States District Court for the Southern District of California; Marilyn L. Huff, District Judge, Presiding. D.C. No. CV-04-01745-MLH. Before: HARRY PREGERSON, W. FLETCHER, and MARSHA S. BERZON, Circuit Judges. BERZON, Circuit Judge: 1 The named plaintiffs in this case (whom we will call "Burnside," for the first named plaintiff) represent approximately 270 former and current employees of defendant Kiewit Pacific Corporation ("Kiewit"). Burnside alleges that Kiewit…