Judge Brian Cogan
Defendants moved for reconsideration of the court’s denial of their motion for summary judgment on plaintiffs’ "turn-in" claims in California; summary judgment on plaintiffs’ Time-Shaving Claims in California, Connecticut, Indiana, Missouri, and Washington; and decertification of the FLSA collective action and state class action Time-Shaving Claims. While there is no dispute that the evidence that was previously before the court did not show a single instance of improperly recorded "turn-in" time for the California plaintiffs, defendants argued that summary judgment should have been granted dismissing the "turn-in" claims of the California plaintiffs for lack of evidence. In support, defendants noted that the court granted summary judgment dismissing another category of claims, the California Business Expense Claims, where there was a similar evidentiary deficiency. The court denied motion for reconsideration, noting that there is a crucial difference between the California "turn-in" claims and the California business expense claims. The court added that the fact that the evidentiary record on summary judgment showed no instances of improper recording of "turn-in" time for California plaintiffs may have been entirely attributable to chance.
