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It turned first to tests with many factors like the Borello test [16] or economic realities test [41] used by courts in interpreting Fair Labor Standards Act claims. [42] As the Court described, these tests attempt to consider all of the circumstances on a case-by-case basis in determining whether a worker is an employee or an independent ...
Generally, an employer with at least $500,000 of business or gross sales in a year satisfies the commerce requirements of the FLSA, [6] and therefore that employer's workers are subject to the Fair Labor Standards Act's protections if no other exemption applies. Several exemptions exist that relieve an employer from having to meet the statutory ...
Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985), is a landmark United States Supreme Court [1] decision in which the Court held that the Congress has the power under the Commerce Clause of the Constitution to extend the Fair Labor Standards Act, which requires that employers provide minimum wage and overtime pay to their employees, to state and local governments. [2]
The elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors are a set of interactive, online tools developed by the U.S. Department of Labor to help employers and employees learn more about their rights and responsibilities under numerous Federal employment laws. They address some of the nation's most widely applicable ...
The Fair Labor Standards Act (FLSA), which was upheld in United States v. Darby Lumber Co., [4] was later amended to remove state exemptions pertaining to employees of state institutions. The FLSA imposed on all public employers certain minimum wage standards and maximum work hours limitations.
Employers pay various taxes (i.e. Social Security and Medicare taxes, unemployment taxes, etc.) on the wages of a worker that is classified as an employee. These taxes are generally not paid by the employer on the compensation of a worker classified as an independent contractor.
Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training ...
Integrity Staffing Solutions, Inc. v. Busk, 574 U.S. 27 (2014), was a unanimous decision by the United States Supreme Court, ruling that time spent by workers waiting to undergo anti-employee theft security screenings is not "integral and indispensable" to their work, and thus not compensable under the Fair Labor Standards Act (FLSA).