Jian Long Li v. Li Qin Zhao

MEMORANDUM & ORDER

PAMELA K. CHEN, District Judge:

The dispositive issue in this wage-and-hour case is whether Plaintiff, a delivery person for a local family-owned Chinese restaurant, was an employee covered by the Fair Labor Standards Act (the “FLSA”), 29 U.S.C. § 201 et seq. For the reasons set forth below, the Court finds that Plaintiff was not a covered employee, and thus grants summary judgment in favor of Defendants on Plaintiff’s FLSA claim and, correspondingly, declines to exercise supplemental jurisdiction over his state-law claims.

*302I. Background2

New China House Take Out (“China…