Labor/Employment
Feb. 6, 2016
Lack of clarity over 'employee' definition
Surprisingly or not, Congress made no effort to set the contours of what constitutes an "employee" in many of the laws governing the workplace, a gap the Department of Labor has recently and actively tried to fill. By Daniel H. Handman
Daniel H. Handman
Partner
Hirschfeld & Kraemer LLP
233 Wilshire Blvd
Santa Monica , CA 90401
Email: DHANDMAN@HKEMPLOYMENTLAW.COM
The question could not be more basic: What is an employee? Surprisingly (or not, depending on who you ask), Congress made no effort to set the contours of what constitutes an "employee" in many of the laws governing the workplace. For example, the federal Fair Labor Standards Act, which requires the payment of a minimum wage and overtime to certain employees, defines an "employee" as "any individual employed by an employer." ...
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