In March 2006, plaintiff Flavio Maselli became employed full-time at Mednax Services Inc., a medical services provider, as a computer programmer and technician. He claimed that he was not being paid overtime even though there were various weeks in which he worked more than 40 hours. As a result, he filed a complaint with the state’s labor board to resolve the matter, but claimed his complaint was shuffled off. On Jan. 21, 2011, Maselli was terminated from his employment. Maselli sued Mednax Services Inc. He alleged that the defendant failed to pay overtime wages in violation of Labor Code Section 51.5. He also alleged that the defendant retaliated against him, resulting in his wrongful termination. Maselli ultimately dismissed his retaliation and wrongful termination claims. Maselli claimed that the Labor Code statute requires that anyone making over $75,000 per year who works overtime should be paid overtime wages. He claimed he never received any overtime pay, and that the matter was not resolved when he brought it to the Labor Board and went through the Berman Process. He also claimed he was told to seek counsel after his first mediation with the board. Mednax’s counsel filed a motion for summary judgment on the basis that California Code of Regulations Section 11040 applied and took precedence over Labor Code Section 51.5. Counsel argued that Maselli was not eligible for overtime wages based on his exemption due to Section 11040., Maselli sought recovery of $35,271 in damages for unpaid overtime wages, interest and penalties from March 2006 to January 2011. He also sought his attorney’s costs and fees.