Yoshitomi v. Kailua Tavern, Ltd.

OPINION OP THE COURT BY

LE BARON, J.

This is an action in assumpsit brought by appellee as employee to recover wages from appellant as employer. It was tried jury-waived. The evidence adduced at the trial pertains to two consecutive periods of time, one a prior period of more than two years and the other a subsequent period of less than six months immediately following. The evidence is undisputed that during both periods the appellee worked in the appellant’s kitchen as a cook for which the appellant during the prior period paid him regular monthly wages at a uniform rate under an existing…