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.
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 ...
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