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Employment Law Blog

United States v. Silk: Six-Factor Economic Realities Test For Differentiating Between Employees and Independent Contractors

In United States v. Silk, 331 U.S. 704 (1947), the Supreme Court applied a multi-factor test for determining whether workers were independent contractors or employees. The case is important because, inter alia, these “Silk factors” came to be applied in...
•September 18, 2023•
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FLSA Free and Clear Rules: Employees Must Receive Minimum and Overtime Wages Finally and Unconditionally

The Fair Labor Standards Act requires covered employers to pay minimum wages and overtime compensation to certain categories of employees. These requirements involve a determination as to the employee’s regular or overtime hourly rate of pay. As explained below, FLSA...
•September 18, 2023•
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Rutherford Food Corp. v. McComb: Economic Realities Test For Employment Relationship Under FLSA

In Rutherford Food Corp. v. McComb, 331 U.S. 722 (1947), the Supreme Court held that the meat boners working in a slaughterhouse, who worked under a contract, owned their own tools, and were paid collectively based on their production,...
•July 28, 2023•
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FLSA Compensable Time: On-Call Time and Waiting Time

The Fair Labor Standards Act requires covered employers to pay minimum wages and overtime compensation to certain categories of employees. These requirements involve a determination as to the number of hours an employee “works” each workweek. As explained below, the...
•July 28, 2023•
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FLSA Compensable Time: Working Time, Rest Periods, and Meal Periods

The Fair Labor Standards Act requires covered employers to pay minimum wages and overtime compensation to certain categories of employees. These requirements involve a determination as to the number of hours an employee “works” each workweek. As explained below, the...
•June 26, 2023•
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