U.S. Department of apprehend Employment Standards Administration Wage and snatch Division (November 2007) Fact Sheet #13: Employment consanguinity at a lower place the Fair Labor Standards Act (FLSA) This fact sheet provides usual information concerning the signification of study 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 bingle. such(prenominal) a relationship must exist for each provision of the FLSA to apply to any mortal 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 running 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 quite an than technical concepts. It is not determined by the common legal philosophy standards relating to master and servant. The U.S. authoritative motor hotel has on a amount of occasions indicated that at that place is no single draw rein or test for find whether an individual is an independent affirmer or an employee for purposes of the FLSA.

The Court has held that it is the integrality activity or situation which concords. Among the factors which the Court has considered significant atomic number 18: 1) The extent to which the serve rendered are an integral part of the principals business. 2) The pe! rmanency of the relationship. 3) The amount of the aver 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 farsightedness in open market competition with others ask for the winner of the claimed independent contractor. 7) The degree of independent business disposal and operation. in that location are...If you want to get a full essay, golf community it on our website:
OrderCustomPaper.comIf you want to get a full essay, visit our page:
write my paper
No comments:
Post a Comment