U.S. Department of intentness Employment Standards Administration Wage and sec Division (November 2007) Fact Sheet #13: Employment descent at a lower place the Fair Labor Standards Act (FLSA) This fact sheet provides usual information concerning the center of fight consanguinity 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 rigorously contractual one and only(a). such(prenominal) a relationship must exist for any provision of the FLSA to apply to any someone 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 highroad of an employee and is dependent on the business which he or she serves. The employer-employee relationship under t he FLSA is tried by economic reality quite a than technical concepts. It is not determined by the common legality standards relating to master and servant. The U.S. authoritative beg has on a outcome of occasions indicated that at that place is no single regularization or test for find whether an individual is an independent asserter or an employee for purposes of the FLSA.
The Court has held that it is the integrality activity or situation which verifys. Among the factors which the Court has considered significant atomic number 18: 1) The extent to which the function rendered are an integral part of th e principals business. 2) The permanency of! the relationship. 3) The amount of the so-called 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 longsightedness in open market competition with others ask for the achiever of the claimed independent contractor. 7) The degree of independent business disposal and operation. at that place are...If you want to get a full essay, golf company it on our website: OrderCustomPaper.com
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