The fifteen page document outlines the familiar multi-factor economic realities test, which courts use to analyze whether workers are employees under the Fair Labor Standards Act (FLSA). The economic realities factors include:
- the extent to which the work performed is an integral part of the employers business;
- the workers opportunity for profit or loss depending on his or her managerial skill;
- the extent of the relative investments of the employer and the worker;
- whether the work performed requires special skills and initiative;
- the permanency of the relationship; and
- the degree of control exercised or retained by the employer.
- Counsel
Julie Giddings focuses her practice on the areas of employment and higher education law. She regularly advises employers on a diverse range of employment law issues, including discrimination, retaliation and harassment issues ...
The information contained in this post is provided to alert you to legal developments and should not be considered legal advice. It is not intended to and does not create an attorney-client relationship. Specific questions about how this information affects your particular situation should be addressed to one of the individuals listed. No representations or warranties are made with respect to this information, including, without limitation, as to its completeness, timeliness, or accuracy, and Lathrop GPM shall not be liable for any decision made in connection with the information. The choice of a lawyer is an important decision and should not be based solely on advertisements.