McLAUGHLIN v. HO FAT SETO

No. 87-5515.

850 F.2d 586 (1988)

Ann McLAUGHLIN, Secretary of Labor, Plaintiff-Appellee, v. HO FAT SETO, dba: Ho Fat of California, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 28, 1988.


Attorney(s) appearing for the Case

Edwin M. Rosenberg, Los Angeles, Cal., for defendant-appellant.

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

Before TANG, FLETCHER and PREGERSON, Circuit Judges.


TANG, Circuit Judge:

Ho Fat Seto (Seto) appeals the district court's award of back wages and liquidated damages under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219, to twenty-three non-testifying employees. Seto argues that the district court erred by determining a class-wide violation of the Act because the testifying employees were not "fairly representational" of the remaining employees. He contends that the testimony was inconsistent and...

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