WHO IS A COVERED EMPLOYEE UNDER THE FAIR LABOR STANDARDS ACT?
The FLSA defines employee very broadly as any individual employed by an employer. Therefore, if a person is employed as opposed to being an independent contractor, and does not fall within one of the specific exemptions set forth in the FLSA, the employee is entitled to overtime pay. In addition to the exemptions for “administrative”, “executive” and “professional” employees and other similar exemptions (which will be discussed more fully below), there are employees of certain types of businesses who are not covered by the FLSA. For example, motion picture theater workers do not need to be paid overtime nor do cabdrivers or some sales people primarily engaged in selling or servicing automobiles. Employers need to be very careful in classifying a worker as an independent contractor rather than an employee. There is a multifactor test set forth in the regulations which must be satisfied for an employee to be deemed an independent contractor. There is also a very restrictive state statute
The FLSA defines employee very broadly as any individual employed by an employer. Therefore, if a person is employed as opposed to being an independent contractor, and does not fall within one of the specific exemptions set forth in the FLSA, the employee is entitled to overtime pay. In addition to the exemptions for administrative, executive and professional employees and other similar exemptions (which will be discussed more fully below), there are employees of certain types of businesses who are not covered by the FLSA. For example, motion picture theater workers do not need to be paid overtime nor do cabdrivers or some sales people primarily engaged in selling or servicing automobiles. Employers need to be very careful in classifying a worker as an independent contractor rather than an employee. There is a multifactor test set forth in the regulations which must be satisfied for an employee to be deemed an independent contractor. There is also a very restrictive state statute which
