776 F. Supp. 2d 1087
C.D. Cal.2011Background
- Plaintiffs Narayan and Nabinett sued Defendants for FLSA overtime due; class was decertified in 2010 but named plaintiffs proceeded individually.
- Narayan and Nabinett were employed at Defendants' sites, with Narayan working at the Microsoft Redmond Campus and Nabinett in the Washington, D.C. area.
- Microsoft Campus ceased operations in June 2005; Narayan’s end date is contested (2004 or 2005/2006).
- Nabinett began work in May 2005 and is alleged to have worked through 2008, but evidence shows employment ended September 2006.
- Defendants produced W-2s for 2004 (Narayan) and 2005-2006 (Nabinett) and could not locate 2005-2006 for Narayan; subsequent records for 2007-2008 were absent.
- The court excluded several exhibits for admissibility and found some deposition/transcripts unauthenticated or hearsay.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Narayan's FLSA claims are time-barred | Narayan worked past 2004 per records/declaration | Narayan ended in 2004; claims barred | Narayan's claims time-barred; summary judgment for Defendants |
| Whether Nabinett's FLSA claims are timely and ongoing through September 2006 | Nabinett worked through 2008; claims timely | Nabinett ended September 2006; claims limited to 2005-2006 | Nabinett worked until September 2006; partial summary judgment in Defendants' favor |
| Admissibility of certain exhibits used to prove dates of employment | Exhibits are admissible as business records | Exhibits fail Rule 803(6) business-record criteria and authentication | Exhibits B, C, E, F, I not admissible as business records; Exhibits D, G, H admissible; 106-107 inadmissible hearsay |
Key Cases Cited
- Dent v. Cox Communication Las Vegas, Inc., 502 F.3d 1141 (9th Cir. 2007) (willful FLSA violations extend statute of limitations to three years)
- Chao v. A-1 Med. Servs., Inc., 346 F.3d 908 (9th Cir. 2003) (willfulness requires knowledge or reckless disregard)
- McLaughlin v. Richland Shoe Co., 486 U.S. 128 (U.S. 1988) (willfulness and standard for FLSA violations)
- Yeti by Molly, Ltd. v. Deckers Outdoor Corp., 259 F.3d 1101 (9th Cir. 2001) (Rule 37(c)(1) sanctions and harmless error concepts)
- Rodriguez v. Airborne Express, 265 F.3d 890 (9th Cir. 2001) (self-serving affidavits can create triable issues if credible)
- Neovi, Inc. v. FTC, 604 F.3d 1150 (9th Cir. 2010) (un corroborated self-serving testimony insufficient for triable issue)
- Paz v. HealthCare and Rehabilitation Center, LLC, 464 F.3d 659 (7th Cir. 2006) (plaintiff may defeat summary judgment with deposition testimony)
- Payne v. Pauley, 337 F.3d 767 (7th Cir. 2003) (self-serving testimony must be credible; not all such testimony suffices)