Manuel

MEMORANDUM *

Manuel’s testimony, which was based on firsthand knowledge, constitutes competent evidence that she worked overtime hours for Quest Diagnostic, Inc. (“Quest”) for which she was not compensated. See SEC v. Phan, 500 F.3d 895, 909-10 (9th Cir.2007); cf. Fed.R.Civ.P. 56(c), (e)(1). Manuel testified that she worked during her breaks or past her shift, and that this overtime work was not recorded on her time sheets as a result of pressure from her supervisor. She testified that she was required to work uncompensated overtime a minimum of 10 or 12 times, but likely more than 20 times. The overtime occurred during her lunch breaks, which were 30 minutes in length, and after work, when she typically worked an extra 30 minutes. ER 33, 37, 87. This testimony is sufficient to create a genuine issue of material fact as to whether Manuel worked uncompensated overtime in violation of the Fair Labor Standards Act (“FLSA”). Once Manuel “proved that [s]he has performed work and has not been paid in accordance with the FLSA, the fact of damage is certain,” Brock v. Seto, 790 F.2d 1446, 1448 (9th Cir.1986) (internal quotation marks and alteration omitted), and Manuel was not required…