Economic reality is an analytic method, not a law for determining employer under the FLSA.
29 CFR Part 578 – MINIMUM WAGE AND OVERTIME VIOLATIONS – CIVIL MONEY PENALTIES
The IRS factors for determining independent contractor status include:(1) instructions(2) training (3) integration;(4) services rendered personally (5) hiring (6) supervising and paying assistants (7) continuing relationship (8) set hours of work; full time required (9) doing work on employer’s premises (10) order of sequences of tasks set (11) oral or written reports (12) payment by hour, week or month (13) payment of business and/or travel expenses (14) furnishing of tools and material (15) significant investment (16) realization of profit or loss (17) working for more than one firm at a time(18) making service available to the general public (19) right to discharge(20) right to terminate(21) industry practice or custom (22) intent of the parties-how they view the relationship (23) written, signed independent contract or agreement and (24) employee-type benefits provided. In Re Serino,190 B.R. 778(Bkrtey.M.D.Pa1995)
Complaint: A-818
Case 1
https://openjurist.org/840/f2d/1054/brock-v-superior-care-inc
According to the case history of Superior Care Inc V. National Nursing Services Inc, the department of labor has conducted an audit and over 776 nurses signed consent and take opt-in before the case was submitted to the federal judge towards enforcing the violation of U.S.C. 206, 207 and 255. Here is the list of nurses given by the department of labor after the audit. Click here to see the document.
William E. Brock
CSIS Counselor and Trustee
William E. Brock is a counselor and trustee of CSIS in Washington, D.C., and served four terms as a member of Congress from Tennessee’s Third District and then subsequently in the U.S. Senate. Senator Brock chaired the Republican National Committee (1977–1980) and served in the cabinet of President Ronald Reagan as U.S. trade representative (1981–1985) and as U.S. secretary of labor (1985–1987). He was one of the founders of the National Endowment for Democracy. The Wall Street Journal recognized then-Ambassador Brock as one of the principal fathers of the World Trade Organization (WTO). In 1993, the National Academy of Human Resources awarded Senator Brock its highest tribute for outstanding life achievement in advancing human development. Senator Brock received a B.S. degree in commerce from Washington and Lee University, served as a lieutenant in the U.S. Navy, and later became vice president of the Brock Candy Company in Chattanooga, Tennessee. He is the founder and chairman of the Brock Offices, a firm specializing in international trade, investment, and human resources.
William E. Brock (3d Cir. 1986)
William E. Brock, (9th Cir1988)
William E. Brock,(11th Cir. 1988)
Maura McCann
Supervising Labor Standards Investigator at New York State Department of Labor
Case 2
