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PARTH v. POMONA VALLEY HOSP. MEDICAL CENTER

No. 08-55022.

584 F.3d 794 (2009)

Louise PARTH, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. POMONA VALLEY HOSPITAL MEDICAL CENTER, a California Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 22, 2009.

Attorney(s) appearing for the Case

Frank J. Coughlin, Santa Ana, CA, for the plaintiff-appellant.

Richard J. Simmons, Douglas R. Hart, Jason W. Kearnaghan and Beth Anne Scheel, of Sheppard, Mullin, Richter and Hampton LLP, Los Angeles, CA, for the defendant-appellee.

Lior Ziv and James M. Harris, Sidley Austin LLP, Los Angeles, CA, for Amicus Curiae.

Before: WILLIAM C. CANBY, JR., JOHNNIE B. RAWLINSON, and N. RANDY SMITH, Circuit Judges.

N.R. SMITH, Circuit Judge:

When an employer changes its shift schedule to accommodate its employees' scheduling desires, the mere fact that pay rates changed, between the old and new scheduling schemes in an attempt to keep overall pay revenue-neutral, does not establish a violation of the Fair Labor Standards Act's ("FLSA's") overtime pay requirements.

1. BACKGROUND

Pomona Valley Hospital Medical Center ("PVHMC") is a hospital located in Pomona...

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