Dittman

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 BRYON DITTMAN, No. 2:17-cv-01851-MCE-CKD Plaintiff, v. MEMORANDUM AND ORDER MEDICAL SOLUTION, L.L.C., Defendant. 16 By way of this action, Plaintiff Bryon Dittman (“Plaintiff”) seeks to recover for claims that derive from his theory that Defendant Medical Solution, L.L.C., (“Defendant”) should have included amounts paid to nurse employees for travel reimbursement (“per diem”) in their regular rate of pay for purposes of calculating overtime wages. The Court previously granted, among other things, Plaintiff’s Motion for Summary Judgment Motion as to liability on Counts One and Four after observing that: Few courts have answered the question raised here (i.e., whether travel per diems that are reduced when employees miss shifts should be included in the calculation of the regular rate), and courts that have addressed the issue have delivered inconsistent decisions. Compare Clarke v. AMN…