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The FLSA covers employees. It defines an employee as “any
individual employed by an employer.” Employ is defined as “to
suffer or
permit to work.” The concept of employment in the FLSA is very broad
and is tested by “economic reality.” The FLSA does not differentiate
between workers who do not have disabilities and workers with disabilities
employed by a work center, a community rehabilitation center or private
industry.
Factors such as the place where the work is performed, the absence of a
formal employment agreement, the time or method of payment, and whether an
individual is licensed by the state or local government do not in and of
themselves determine whether an individual is an employee under the FLSA.
Not all Federal and State laws share common definitions. Therefore, a
determination of employment status must be made separately under each law,
including the FLSA. For example, if a worker is not an employee for purposes of
tax law, he or she may still be an employee under the FLSA.
This section provides information specific to workers with disabilities
paid special minimum wages. Select the topic about which you want more
information:
Fact
Sheet No. 13, Employment Relationship Under the Fair Labor Standards Act
(FLSA) provides additional general information regarding the employment
relationship under the FLSA.
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