Bao Yi Yang v. Shanghai Gourmet, LLC

MEMORANDUM

Plaintiffs Bao Yi Yang, Wei Wang, and Liang-Xian Fu, former employees of Defendants Xu Liang Shen and Shanghai Gourmet, appeal from the district court’s judgment in favor of Defendants after a bench trial. Plaintiffs contend that the district court: (1) misapplied federal and California wage and hour standards for determining Wang’s and Yang’s regular rates of pay; (2) erred in determining the number of hours Wang and Yang worked each week; (3) erred in holding that Plaintiffs were not entitled to meal period premiums; and (4) erroneously failed to make any findings of fact regarding Plaintiff Fu’s wages prior to August 2004. We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part, reverse in part, and remand.

The selection and application of the correct legal standard for claims of unpaid overtime under the Fair Labor Standards Act (“FLSA”) is reviewable de novo. Brock v. Seto, 790 F.2d 1446, 1447 (9th Cir.1986). We also review a district court’s determination of state law de novo and must apply California law as we believe the California Supreme Court would apply it. Rabkin v. Or. Health Seis. Univ., 350 F.3d 967 , 970 (9th Cir.2003); Gravquick A/S v.…