De Bernardi v. City and County of San Francisco

I. BACKGROUND

1 A. Factual Background 2 As current and former employees of Defendant City and County of San Francisco, 3 Plaintiffs in both cases allege that Defendant violated the Fair Labor Standards Act (“FLSA”). De 4 Bernardi, Dkt. No. 1; Wazwaz Dkt. No. 1. The FLSA requires employers to compensate 5 employees for cashed out or used compensatory time off (“CTO”) at their “regular rate” of pay. 6 29 U.S.C. § 207(o)(3)-(4). Plaintiffs2 allege that Defendant violated the FLSA by improperly 7 calculating the regular rate of pay when cashing out CTO or paying employees who used accrued 8 CTO. Mot. at 2. 9 In July 2018, Plaintiffs Taira De Bernardi and Stephen Val Kirwan (“De Bernardi Lead 10 Plaintiffs”) filed a complaint against Defendant for failure to pay the regular rate of pay for cash- 11 out or use of CTO. De Bernardi, Dkt. No. 1. In September 2018, Plaintiffs Abdullah Wazwaz, 12 Jason Moore, Kenneth Yeung, and Brian Kam filed a complaint against Defendant alleging similar 13 CTO claims. Wazwaz, Dkt. No. 1. As the cases progressed, the De Bernardi action focused on 14 current and former employees of the San Francisco Police Department as well as other City 15…