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STEWART v. CITY AND COUNTY OF SAN FRANCISCO

Nos. C-90-3206-CAL, C-91-0922-CAL.

834 F.Supp. 1233 (1993)

James STEWART, et al., Plaintiffs, v. CITY AND COUNTY OF SAN FRANCISCO, et al., Defendants. Donald K. CHAN, et al., Plaintiff, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant.

United States District Court, N.D. California.

October 5, 1993.

Attorney(s) appearing for the Case

Christopher D. Burdick, David P. Clisham, San Francisco, CA; Gary M. Messing and Cathleen A. Williams, Carroll Burdick & McDonough Law Offices, Sacramento, CA; Duane W. Reno, Davis Reno & Courtney; Stewart Weinberg, Van Bourg Weinberg Roger & Rosenfeld, San Francisco, CA; and Lynn Rossman Faris, Operating Engineers Local Union No. 3, Public Employees Div., Alameda, CA, for plaintiffs.

Louise H. Renne, City Atty., Jonathan V. Holtzman, Special Asst. to City Atty., and Arthur A. Hartinger, Deputy City Atty., San Francisco, CA, for defendants.

OPINION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

LEGGE, District Judge.

This is an action under the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. (the "FLSA"). Plaintiffs are employees of defendant City and County of San Francisco (the "city"), earning between approximately $40,000 and $100,000 per year.1 The FLSA originally excluded government employees. In 1974, Congress amended the FLSA...

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