Employment Relationship Under the FLSA - US ：雇佣关系在美国公平劳动标准法案.ppt

* * * * Employment Relationship Under the FLSA For additional information, visit our WHD website at /whd or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243). Contents FLSA Definitions “Suffer or Permit” Standard The Problem: Misclassification Employee or Independent Contractor? “Economic Realities” Test Overarching Considerations Additional Information FLSA Definitions In order for the FLSA’s minimum wage and overtime pay provisions to apply, an employment relationship must exist between the “employer” and the worker (the worker must be an “employee”). The FLSA’s definition of “employ” includes “to suffer or permit to work.” Return to Table of Contents FLSA Definitions The MSPA and the FMLA incorporate the FLSA definition of “employ.” FLSA employment relationship concepts also apply to questions about whether a worker is an employee or independent contractor under the MSPA and the FMLA. Return to Table of Contents “Suffer or Permit” Standard The FLSA definition of employ, which includes “to suffer or permit to work,” was specifically designed to broadly cover as many workers as possible. Most workers are employees under the FLSA. Return to Table of Contents The Problem: Misclassification A common problem arises where employers misclassify workers who are employees under the law as independent contractors. Studies suggest that 10 to 30 percent of employers may misclassify their employees as independent contractors. Return to Table of Contents The Problem: Misclassification Workers misclassified as independent contractors are wrongfully denied access to important benefits and protections, such as: Minimum wage and overtime pay Workers’ compensation Family and medical leave Misclassified employees may still be eligible for unemployment insurance, but misclassification complicates their ability to collect these benefits. Return to Table of Contents Employee or Independent Contr