Murphy v. City of El Cajon

I. BACKGROUND

23 Defendant El Cajon (the “City’) is a charter city and municipal corporation that 24 employed Plaintiffs as sworn police officers. The lawsuit arises out of the City’s alleged 25 failure to correctly pay overtime to Plaintiffs as required under the Fair Labor Standards 26 Act (“FLSA”). 27 28 On April 9, 2018, Plaintiffs Mike Murphy and Joshua Pittsley filed a collective action complaint against the City. (Doc. No. 1.) The complaint alleged the City failed to correctly pay overtime to Plaintiffs as required by the FLSA because it failed to include “all remuneration for employment paid to, or on behalf of, the plaintiffs in the regular rate calculation.” (Id. at ¶ 13.) From April 9, 2018 to November 1, 2018, thirty-four (34) individuals filed Consents to Join the Action as Plaintiffs, (Doc. Nos. 3-33, 36, 39, 42, 44) with one plaintiff, Jeremiah Larson, voluntarily dismissing his claim on January 30, 2019, (Doc. No. 49). On May 8, 2018, Defendant filed an Answer to the Complaint. (Doc. No. 34.) On July 16, 2018, the court issued a Scheduling Order regulating discovery and other pre-trial proceedings. (Doc.…