Kam Koon Wan v. E. E. Black, Limited

This appeal was taken in an action brought against appellee, E. E. Black, Ltd., on November 14, 1945, to enforce causes of action, hereafter called claims, for unpaid overtime compensation and liquidated damages under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. §§ 201-219 . The action was brought by appellant, Kam Koon Wan, an employee of appellee, for and in behalf of himself and other employees similarly situated.

Appellant was specifically named in the complaint as a party plaintiff to the action. Other employees similarly situated filed motions to intervene. There were three such motions. The first motion was filed by 245 employees on April 8, 1946, and was granted on April 10, 1946. The second motion was filed by 51 employees on May 13, 1946, and was granted on May 20, 1946. The third motion was filed by 16 employees on June 3, 1946, and was granted on the same day. By the filing and granting of these motions, the 311 employees who filed them became parties plaintiff to the action. In the District Court, they were sometimes called intervening plaintiffs and were sometimes called interveners. For brevity’s sake, we shall call them interveners.

Appellee…