Certified Staffing Profesional Practice Exam

What factors are considered in determining the existence of an employment relationship under the FLSA?

1. Permanence of relationship and control

2. Duration of relationship only

3. Control only

4. None of the above

The correct answer is: Permanence of relationship and control

Determining the existence of an employment relationship under the Fair Labor Standards Act (FLSA) involves evaluating several key factors, with two of the most significant being the permanence of the relationship and the degree of control exercised by the employer over the worker. The permanence of the relationship refers to how long the worker has been engaged with the employer. A more enduring relationship often suggests a stronger employment tie, whereas a relationship that is more temporary may indicate a different arrangement, such as independent contractor status. This aspect is important as it can indicate the expectations and obligations that both parties may have. Control is another critical factor, which assesses the extent to which the employer can direct how the worker performs their tasks. This includes aspects like setting work hours, providing tools and resources, and supervising the work being done. A significant level of control often signifies an employment relationship, as it implies that the employer is responsible for guiding and managing the worker's performance. By considering both permanence of the relationship and the level of control, the determination of whether an employment relationship exists becomes clearer, ensuring that workers are classified correctly for purposes of wage and hour laws under the FLSA. These criteria aid in distinguishing between employees and independent contractors, impacting various rights and protections under labor law.