[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1620.8]

[Page 311-312]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1620_THE EQUAL PAY ACT--Table of Contents
 
Sec. 1620.8  ``Employer,'' ``employee,'' and ``employ'' defined.

    The words ``employer,'' ``employee,'' and ``employ'' as used in the 
EPA are defined in the FLSA. Economic reality rather than technical 
concepts determines whether there is employment within the meaning of 
the EPA. The common law test based upon the power to control the manner 
of performance is not applicable to the determination of whether an 
employment relationship subject to the EPA exists. An ``employer,'' as 
defined in section 3(d) of the FLSA, means ``any person acting directly 
or indirectly in the interest of an employer in relation to an 
employee'' and includes a ``public agency,'' as defined in section 3(x). 
An ``employee,'' as defined in section 3(e) of the FLSA, ``means any 
individual employed by an employer.'' ``Employ,''

[[Page 312]]

as used in the EPA, is defined in section 3(g) of the FLSA to include 
``to suffer or permit to work.'' Two or more employers may be both 
jointly or severally responsible for compliance with the statutory 
requirements applicable to employment of a particular employee.