Barragan

I. BACKGROUND

25 This wage-and-hour class action seeks to hold Defendant Home Depot U.S.A., Inc. 26 (“Defendant”) liable for unpaid overtime. Specific to this motion, Burcham asserts 27 Defendant failed to include bonus payments under its “Success Sharing” bonus program 28 when calculating employees’ overtime pay during the periods in which they received the bonus payments. (Doc. No. 92 ¶ 3.) Under the Success Sharing program, Defendant pays a minimum amount, usually $100, so long as the employee meets minimum criteria of being in good standing and remaining employed at the time of payment. (Id. ¶ 33.) Employees may also earn amounts over the minimum if their total pay for the bonus period is sufficiently high as compared to other employees at that store. (Id. ¶ 34.) Defendant’s employees receive their cash incentive awards at semi-annual parties to boost employee morale and retain employees. (Id. ¶ 31.) Burcham was employed with Home Depot as a non-exempt, hourly sales representative from approximately October 2017 through February 2019. (Id. ¶ 9.) He seeks to represent a class composed of “[a]ll non-exempt Home Depot…