Zhao

Xue Zhen Zhao v. Bebe Stores, Inc.

Good Law

247 F. Supp. 2d 1154·2003 WL 721473·2003 U.S. Dist. LEXIS 3190

United States District Court, Central District of CaliforniaFebruary 27, 2003CV 01-10950GAFCTX, CV 02-3363GAFCTX, CV 02-3364GAFCTX, CV 02-3367GAFCTX, CV 02-3368GAFCTX, CV 02-3371GAFCTX, CV 02-3372GAFCTXCalifornia2,978 words

Opinion

Feess, J.

AMENDED ORDER RE: PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE FIRST, SECOND, THIRD, FOURTH AND FIFTH CLAIMS FOR RELIEF

I. INTRODUCTION

Apex Clothing Corporation sews garments for clothing manufacturers, including Bebe Stores, Inc., with whom it does a majority of its business. Plaintiff Zhao, and other immigrant workers who were employed by Apex to sew garments, claim that Apex violated various federal and state labor laws, including the Fair Labor Standards Act (FLSA), regarding wages and working conditions. In the present motion for summary judgment, Plaintiffs seek a declaration that, pursuant to the FLSA, Bebe Stores is a “joint employer” with Apex and should be held responsible for Apex’s labor law violations.

The joint employer determination requires a fact intensive inquiry into the relationship between Bebe Stores and Apex for the purpose of applying the “economic reality test.” Torres-Lopez v. May, 111 F.3d 633, 639, 641 (9th Cir.1997). Under that test, the Court must examine the relationship between the employee and her de jure employer (Apex) and between Apex and the alleged “joint employer” (Bebe Stores), to determine whether a de facto employment…

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