Where does the DOL define an "employee"?
KathiHR
91 Posts
The DOL, Wage & Hour Devision has 6 criteria to determine the existence of an employment relationship. I've been all over their site looking for those 6 criteria & can't find anything. I've even skimmed over the whole written FLSA. Does anyone know where to find them?
We just got served on a lawsuit by a client (we're in human services) claiming he was an employee & we violated FLSA. I need those 6 criteria ASAP! Thanks so much.
We just got served on a lawsuit by a client (we're in human services) claiming he was an employee & we violated FLSA. I need those 6 criteria ASAP! Thanks so much.
Comments
[url]http://www.dol.gov./esa/regs/compliance/whd/whdfs13.htm[/url]
Here are the 7, but additional text above and below on the web address will give you more information.
Hope it helps.
1) The extent to which the services rendered are an integral part of the principal's business.
2) The permanency of the relationship.
3) The amount of the alleged contractor's investment in facilities and equipment.
4) The nature and degree of control by the principal.
5) The alleged contractor's opportunities for profit and loss.
6) The amount of initiative, judgment, or foresight in open market competition with others required for the success of the claimed independent contractor.
7) The degree of independent business organization and operation.
PORK
I'll check out those sections. Thanks for the response.