Morgan

Morgan v. County of Yolo

Good Law
277 F. App'x 734
United States Court of Appeals for the Ninth CircuitMay 8, 2008No. 06-16487California386 words

Opinion

Lead Opinion

MEMORANDUM *

Dave Morgan appeals the district court’s judgment on the pleadings in favor of the County of Yolo in his action alleging violations of the Fair Labor Standards Act and 42 U.S.C. § 1983 . We affirm.

*735 Morgan seeks damages and attorney’s fees under the FLSA, 29 U.S.C. § 216 (b), asserting that a reimbursement provision in his employment contract rendered his last work week’s wages “unpaid.” None of Morgan’s wages have been deducted or returned to the County, and Morgan has presented no evidence that he actually “banked” any of his wages in anticipation of reimbursing the County. The reimbursement provision can no longer have any effect on Morgan’s wages because the County’s claims under the provision have been dismissed with prejudice. Because he no longer has any live claims to “unpaid” wages, Morgan’s FLSA claims are moot. See Powell v. McCormack, 395 U.S. 486, 496 , 89 S.Ct. 1944 , 23 L.Ed.2d 491 (1969).

Morgan also seeks to maintain a claim under section 216(b) on behalf of other “similarly situated” employees. Without any live claims of his own, however, he lacks standing to represent a class of employees, as there has been no class certification. See Kremens…

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