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Who Is an Employer or Employee Under the FLSA?

Determining who is your employer and conversely whether you are considered an “employee” are hot topics pursuant to the Fair Labor Standards Act (FLSA). Pursuant to the FLSA, employers owe employees certain rights. These include the right to be paid at least minimum wage, and that all non-exempt employees are entitled to overtime pay at the rate of one and one-half times their standard rate of pay for every hour worked above 40 in any work week.

If you have questions about how any employment laws apply to you – or if you are considered an “employee” pursuant to labor laws – it is important to consult with an experienced Atlanta wage and hour lawyerimmediately.

Pursuant to the Fair Labor Standards Act (FLSA) an employer is any person acting directly or indirectly in the interest of an employer in relation to an employee” and “employee” as “any individual employed by an employer.” The U.S. Supreme Court has stated that the FLSA’s definition of employer is “the broadest definition that has ever been included in any one act.”

Further, who may be considered an employee is often confusing and includes the following non-exhaustive four-factor test to analyze whether an entity or individual qualifies as a joint employer under the FLSA. The test looks to whether the alleged employer has: (1) authority to hire and fire employees; (2) authority to promulgate work rules and assignments, and set conditions of employment, including compensation, benefits and hours; (3) day-to-day supervision, including employee discipline; and (4) control of employee records, including payroll, insurance, taxes and the like.

Whether you are an employee – and who is your employer – affects your rights to benefits as a worker in any job. For more information please do not hesitate to contact the top Georgia employment lawyers at Buckley Beal LLP for an immediate consultation.

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