BROCK v. SETO

No. 85-5826.

790 F.2d 1446 (1986)

William E. BROCK, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. Some SETO, individually and doing business as Tony of California, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 3, 1986.


Attorney(s) appearing for the Case

Claire Brady White, U.S. Dept. of Labor, Washington, D.C., for plaintiff-appellant.

Frank Piazza, Edwin Rosenberg, Los Angeles, Cal., for defendant-appellee.

Before WRIGHT and NELSON, Circuit Judges, and MARQUEZ, District Judge.


EUGENE A. WRIGHT, Circuit Judge.

In this appeal we must decide the sufficiency of evidence regarding uncompensated overtime where the employer failed to keep records required by the Fair Labor Standards Act. We conclude that the district court did not fulfill its duty to approximate an award of back wages based on the employees' testimony. We reverse and remand for a determination of back wages.

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