Friday, March 30, 2018

Case of the Day: Oseguera v. Zhu, 2018 U.S. Dist. LEXIS 37642 (N.D. Cal. Mar. 7, 2018)


Former workers of a Japanese restaurant in California sued the restaurant's owner for alleged violation of the Fair Labor Standards Act (FLSA), 29 U.S.C. s. 201 et seq. Defendant moved to dismiss based on lack of subject matter jurisdiction, arguing the restaurant did not engage in interstate commerce and therefore did not fall under the federal law's coverage.

The court denied the motion, noting that even if the restaurant had procured its products within California, such products passed through interstate commerce. Defendant could not avoid FLSA's coverage simply because he purchased supplies from the local vendor, if the local vendor had procured the supplies from out of state.


Does everyone remember Wickard v. Filburn from law school? The much-maligned New Deal era Supreme Court case is still with us!

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