(November 2007)
Fact Sheet #13: Employment Relationship at a lower place the Fair Labor Standards Act (FLSA)
This fact sheet provides usual information concerning the meaning of employment relationship and the significance of that intention in applying preparations of the FLSA. Characteristics An employment relationship under the FLSA must(prenominal) be distinguished from a strictly contractual one. such(prenominal) a relationship must exist for any provision of the FLSA to apply to any person engaged in workplace which may otherwise be subject to the Act. In the practical application of the FLSA an employee, as distinguished from a person who is engaged in a business of his or her own, is one who, as a matter of economic reality, follows the usual path of an employee and is dependent on the business which he or she serves. The employer-employee relationship under the FLSA is tried by economic reality rather than technical concepts. It is not determined by the common law standards relating to master and servant. The U.S. authoritative Court has on a number of occasions indicated that at that place is no single rule or test for find whether an individual is an independent contractor or an employee for purposes of the FLSA.
The Court has held that it is the integrality activity or situation which controls. Among the factors which the Court has considered significant atomic number 18: 1) The extent to which the services rendered are an integral part of the principals business. 2) The permanency of the relationship. 3) The amount of the alleged contractors investment in facilities and equipment. 4) The nature and horizontal surface of control by the principal. 5) The alleged contractors opportunities for profit and loss. 6) The amount of initiative, judgment, or foresight in open market competition with others ask for the success of the claimed independent contractor. 7) The degree of independent business disposal and operation. There are...If you want to get a full essay, golf club it on our website: Orderessay
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