The Fair Labor Standards Act (FLSA) is the federal wage and hour law that protects all covered workers from substandard wages and oppressive working hours by requiring that employers pay employees minimum wage and overtime when they work more than 40 hours in a workweek.
Determining who counts as an employee is a fact-specific. The ultimate determination turns on the “economic reality” of the relationship between the parties involved.
Against that backdrop, let’s discuss this Fifth Circuit decision I read yesterday. The defendant is a nonprofit rehabilitation center assisting individuals with alcohol and drug addiction. At issue was an