context: Based on the current record, it appears that any use of interstate communications was not a regular part of Plaintiffs duties. In addition, this Court must note that the Amended Complaint makes no mention of Plaintiffs alleged "interstate" communications, and Plaintiff has not attached an affidavit or other materials that would support her claim that she regularly spoke to vendors and processed credit card payments.
citation_a.signal: see
citation_a.identifier: 2005 WL 2385724, at *4
citation_a.parenthetical: holding that a waiter at a local restaurant was not engaged in commerce even though he made bank deposits for defendants
citation_a.sentence: See Xelo v. Mavros, 2005 WL 2385724, at *4 (E.D.N.Y. Sept. 28, 2005) (holding that a waiter at a local restaurant was not engaged in commerce even though he made bank deposits for defendants); cf. Thorne v. All Restoration Servs., Inc., 448 F.3d 1264, 1267-68, 2006 WL 1228863, at *3 (11th Cir.2006) (holding that an employee who used his company’s credit card failed to adduce enough evidence to avoid the defendant’s Rule 50 motion on his FLSA claims); Kitchings v. Florida United Methodist Children’s Home, Inc., 393 F.Supp.2d 1282, 1293 (M.D.Fla.2005) (holding that the plaintiffs were not covered by the FLSA by virtue of the plaintiffs’ purchase of items at local stores using their employer’s credit card).
citation_b.signal: cf.
citation_b.identifier: 2006 WL 1228863, at *3
citation_b.parenthetical: holding that an employee who used his company's credit card failed to adduce enough evidence to avoid the defendant's Rule 50 motion on his FLSA claims
citation_b.sentence: See Xelo v. Mavros, 2005 WL 2385724, at *4 (E.D.N.Y. Sept. 28, 2005) (holding that a waiter at a local restaurant was not engaged in commerce even though he made bank deposits for defendants); cf. Thorne v. All Restoration Servs., Inc., 448 F.3d 1264, 1267-68, 2006 WL 1228863, at *3 (11th Cir.2006) (holding that an employee who used his company’s credit card failed to adduce enough evidence to avoid the defendant’s Rule 50 motion on his FLSA claims); Kitchings v. Florida United Methodist Children’s Home, Inc., 393 F.Supp.2d 1282, 1293 (M.D.Fla.2005) (holding that the plaintiffs were not covered by the FLSA by virtue of the plaintiffs’ purchase of items at local stores using their employer’s credit card).