How does the MSPA law define the terms “independent contractor” and “joint employment”?
The law has borrowed these terms from the Fair Labor Standards Act (FLSA), where they were developed by the courts under the very broad definition of “employ” (“to suffer or permit to work”). The concept of joint employment is included within the “employment” relationship, but the status of independent contractor is not considered to be “employment.” What does the term “independent contractor” mean and how does it relate to MSPA? An independent contractor is an individual who performs services but is not an employee of the person utilizing the services. Independent contractors are not covered by MSPA protections that apply to employees. How does one determine if an individual is an independent contractor in the agricultural context? This is done by examining whether the individual (who may be either a farm labor contractor or a worker) is economically dependent upon the person who utilizes his/her services. If the individual is economically dependent upon that person then that individu
