Brunozzi v. Cable Commc’ns, Inc., 851 F.3d 990 (9th Cir. 2017)

Matteo Brunozzi and Casey McCormick worked as technicians for CCI installing cable television and internet services. They alleged that CCI’s compensation plan violates the overtime provisions of the Fair Labor Standards Act (“FLSA”) because the “production bonus” paid by CCI is designed to decrease in proportion to an increase in the number of overtime hours the employees work. The United States Court of Appeals for the Ninth Circuit agreed with the employees and held that “the diminishing ‘bonus’ device in CCI’s pay plan causes it to miscalculate the technicians’ regular hourly rate during weeks when they work overtime and allows CCI to pay the technicians less during those weeks.”