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MDLaw
MDLaw, Attorney
Category: Business Law
Satisfied Customers: 6130
Experience:  Experience in business law, contract law and related matters.
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Does any home business, even one in which services are

Customer Question

Does any home business, even one in which services are rendered outside the home, fall into the federal definition of "in or affecting interstate commerce"?
Submitted: 1 year ago.
Category: Business Law
Expert:  MDLaw replied 1 year ago.

Not all home businesses would qualify but many online based home business would.

Expert:  MDLaw replied 1 year ago.

Is there any particular information that you are seeking in connection with the definition? In other words, is there a specific context that you are seeking information about?

Customer: replied 1 year ago.
As a hypothetical, if a person ran a landscaping business, and drove to other people's homes to do his/her work, and did not advertise except through word of mouth, would that person's business be considered as "in or affecting" interstate commerce? If so, in what regard and/or what case law would uphold that belief?
Expert:  MDLaw replied 1 year ago.

The Commerce Clause of the Constitution is what is usually involved when discussing inter state commerce. It involved federal powers. If you have a landscaping business, chances are that you are only doing it in intrastate as opposed to crossing state lines and doing work for people in other states and so the Commerce Clause would rarely apply.

Case law would not be applicable in the simple scenario that you posted since that would be intrastate and not interstate. Interstate means not just one state.

Expert:  MDLaw replied 1 year ago.

Also, when you say that you have a home based business, I'm assuming you are a sole proprietor. If you have employees as a "home based business", those employees would be covered by the Fair Labor Standards Act which is one of the many laws that refers to "interstate commerce". You didn't mention that you were asking about employment law but I just thought I would note that since you really can't make generalizations with the law and your question was quite general and so like with any law, there are specific laws and statutes that have specific definitions in context.

Expert:  MDLaw replied 1 year ago.

Please let me know if this has answered your question and thank you for using the Just Answer website.

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