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CLARKE v. AMN SERVICES, LLC

No. 19-55784.

987 F.3d 848 (2021)

Verna Maxwell CLARKE, an individual on behalf of herself and others similarly situated; Laura Wittmann, an individual on behalf of herself and others similarly situated, Plaintiffs-Appellants, v. AMN SERVICES, LLC, DBA Nursechoice, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 8, 2021.

Attorney(s) appearing for the Case

Kye D. Pawlenko (argued) and Matthew B. Hayes , Hayes Pawlenko LLP, Pasadena, California, for Plaintiffs-Appellants.

Sarah Kroll-Rosenbaum (argued), Kenneth D. Sulzer , and Steven B. Katz , Constangy Brooks Smith & Prophete LLP, Los Angeles, California, for Defendant-Appellee.

Margaret A. Grignon (argued) and Anne M. Grignon , Grignon Law Firm LLP, Long Beach, California, for Amicus Curiae.

Before: Bobby R. Baldock, Marsha S. Berzon, and Daniel P. Collins, Circuit Judges.

OPINION

When Verna Clarke and Laura Wittmann ("Plaintiffs") worked as clinicians for AMN Services, LLC ("AMN"), they were paid both a designated hourly wage and an amount denominated a weekly per diem benefit. On behalf of two certified classes of employees who have worked for AMN at facilities more than 50 miles...

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