Ann McLaughlin Secretary of Labor v. Ho Fat Seto, Dba: Ho Fat of California

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 conflicted with the testimony of four rebuttal witnesses. We affirm.

I.

Seto owns and operates a garment factory in Los Angeles. He pays piece-rate wages to employees who sew or press gar- merits. On weekdays, workers are regulated by a bell that rings to mark the beginning and end of the workday and work breaks.

This action was brought under sections 16(c) and 17 of the FLSA. The Secretary sought to enjoin Seto from violating the FLSA’s minimum wage, overtime and recordkeeping provisions, from shipping in interstate commerce goods produced by individuals employed in violation of the FLSA, and from withholding back wages due to twenty-eight named employees. The Secretary also sought liquidated damages in an amount equal to the back wage award, and…