Nguyen

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ANDY NGUYEN, Case No. 21-cv-02851-NC Plaintiff,

ORDER GRANTING

v. DEFENDANT’S MOTION TO

DISMISS WITH LEAVE TO

LOUIS DEJOY, AMEND Defendant. Re: ECF 10 15 Plaintiff Andy Nguyen is suing Defendant United States Postmaster General Louis Dejoy for failing to properly pay him at the end of his employment with the United States Post Office. Nguyen alleges violations of the Fair Labor Standards Act and the California Labor Code. Dejoy moves to dismiss the complaint on the grounds that this Court lacks jurisdiction to hear the claims and on the grounds that the complaint failed to state a claim for violation of the FLSA. After considering the briefing and reviewing the complaint, the Court GRANTS the motion to dismiss but also GRANTS Nguyen leave to amend. I. BACKGROUND According to the complaint, Nguyen worked at the Willow Glen Post Office in San Jose, California for three-and-a-half years. …