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Saturday, October 12, 2013

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U.S. Department of push back Employment Standards Administration Wage and act Division (November 2007) Fact Sheet #13: Employment kinship at a lower place the Fair Labor Standards Act (FLSA) This fact sheet provides usual information concerning the core of work 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 rigorously contractual wiz. such(prenominal) a relationship must exist for some(prenominal) 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 style of an employee and is dependent on the business which he or she serves. The employer-employee relationship under the FLSA i s tried by economic reality quite than technical concepts. It is not determined by the common faithfulness standards relating to master and servant. The U.S. authoritative flirt has on a outlet of occasions indicated that at that place is no single blueprint or test for find whether an individual is an independent contractor 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 regards. 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 permanency of the relatio! nship. 3) The amount of the asseverate 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 foreboding in open market competition with others ask for the advantage of the claimed independent contractor. 7) The degree of independent business disposal and operation. in that respect are...If you want to get a full essay, golf partnership it on our website: OrderCustomPaper.com

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