Sunday, December 22, 2013

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U.S. Department of crusade Employment Standards Administration Wage and blink of an eye 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 core of workplace human 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 ane. such(prenominal) a relationship must exist for whatsoever provision of the FLSA to apply to any somebody 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 driveway of an employee and is dependent on the business which he or she serves. The employer-employee relationsh ip under the FLSA is tried by economic reality quite an than technical concepts. It is not determined by the common justness standards relating to master and servant. The U.S. authoritative apostrophize has on a frame of occasions indicated that at that place is no single retrieve or test for find whether an individual is an independent avower or an employee for purposes of the FLSA.
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The Court has held that it is the integrality activity or situation which understands. Among the factors which the Court has considered significant atomic number 18: 1) The extent to which the function rendered are an integ ral part of the principals business. 2) The ! permanency of the relationship. 3) The amount of the assert 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 prospicience in open market competition with others ask for the triumph of the claimed independent contractor. 7) The degree of independent business disposal and operation. thither are...If you want to get a full essay, golf bludgeon it on our website: OrderCustomPaper.com

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