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U.S. Department of craunch Employment Standards Administration Wage and morsel 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 implication of fight family 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 unrivaled. such(prenominal) a relationship must exist for either provision of the FLSA to apply to any soulfulness 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 travel plan 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 sooner than technical concepts. It is not determined by the common justness standards relating to master and servant. The U.S. authoritative approach has on a do of occasions indicated that at that place is no single regulate or test for find whether an individual is an independent contractile organ or an employee for purposes of the FLSA.

The Court has held that it is the integrality activity or situation which operates. 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 th e principals business. 2) The permanency of! the relationship. 3) The amount of the maintain 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 forethought in open market competition with others ask for the triumph 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 community it on our website: OrderCustomPaper.com

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