James Stewart, Donald K. Chan v. City and County of San Francisco

69 F.3d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James STEWART, et al.,; Donald K. Chan, Plaintiffs-Appellants, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant-Appellee. No. 94-15634. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 18, 1995. Decided Oct. 31, 1995. Before: SCHROEDER, FLETCHER, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 James Stewart, Donald Chan, and other employees of the City and County of San Francisco appeal the district court's partial summary judgment for the City and County of San Francisco ("City") in these two related actions brought pursuant to the Fair Labor Standards Act, 29 U.S.C. Secs. 200-219 , alleging that they are entitled to overtime compensation as non-exempt employees under the FLSA. 3 The issues raised on appeal are: (1) the validity of the 1954 version of the salary test as applied to the City; (2) the procedural validity of the 1991 interim final regulation; and (3) the validity of the new…