Hubbard

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

6 RHONDA HUBBARD, CASE NO. 19-cv-06363-YGR 7 Plaintiff, ORDER RE: MOTION FOR CLASS vs. CERTIFICATION 9 RCM TECHNOLOGIES (USA), INC., Re: Dkt. No. 30 10 Defendant. 11 Plaintiff Rhonda Hubbard brings this putative class action on behalf of hourly healthcare 12 professionals employed by defendant RCM Technologies (USA), Inc., a healthcare staffing 13 company. The complaint asserts claims under California law for unpaid overtime, unlawful 14 business practices, and waiting time penalties. Specifically, plaintiff challenges the legality of 15 defendant’s policy of excluding the value of weekly per diem payments from the regular rate used 16 to calculate overtime, notwithstanding that the payments are based on hours worked rather than 17 expenses incurred. Now before the Court is plaintiff’s motion for class certification pursuant to 18 Federal Rule of Civil Procedure 23. 19 Defendant generally does not oppose plaintiff’s motion, subject to defendant reserving its 20 right to later move for…