Discuss challenges the statute on tenth amendment grounds


Problem: The Town of Weinerschnitzel is a tiny resort. Its one attraction is its annual five-month-long Oktoberfest, where tourists flock to the town to enjoy drinking beer, wearing long stockings, drinking beer, folk dancing, and drinking beer. Most of the town's payroll consists of Oktoberfest employees. They are paid the federal minimum wage; however, during the Oktoberfest season, when they work seven ten-hour days every week, they are not paid anything in addition to their regular wage. Under the federal Fair Labor Standards Act (FLSA), they would have to be paid time-and-a-half for overtime. The federal government demands that Weinerschnitzel comply with the overtime pay provision. Weinerschnitzel calculates that, if it does so, it may have to bankrupt itself, and it challenges the statute on Tenth Amendment grounds. A court will enforce the overtime provision against Weinerschnitzel.

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