Legal Opinion
William E. Brock, Secretary of Labor, United States Department of Labor v. Some Seto, Individually and Doing Business as Tony of California
Court of Appeals for the Ninth Circuit
Decided June 3, 1986No. 85-5826PublishedCited by 51 opinions
1Opinion of the Court
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.
FACTS AND PROCEEDINGS BELOW
The Secretary of Labor filed this action on behalf of sixteen employees of Seto, alleging minimum wage, overtime and record keeping violations under the Fair Labor Standards…
2Cases cited11 opinions
- Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
- UNITED STATES of America, Plaintiff-Appellee, v. Harold S. McCLINTOCK, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1984
- Alice Avery v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1978
6 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Alvarez v. IBP, Inc.Court of Appeals for the Ninth Circuit · 2003
- Pacific Shores Properties, LLC v. City of Newport BeachCourt of Appeals for the Ninth Circuit · 2013
- United States Department of Labor v. Cole Enterprises, Inc., and William C. ColeCourt of Appeals for the Sixth Circuit · 1995
- Ann McLaughlin Secretary of Labor v. Ho Fat Seto, Dba: Ho Fat of CaliforniaCourt of Appeals for the Ninth Circuit · 1988
- Hernandez v. MendozaCalifornia Court of Appeal · 1988
46 more not listed; retrieve them via the Exa API.