the regulation of employment chapter 1

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22 Terms

1
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What is an employee?

A worker who is subject to the control or right-to-control of an employer and is protected under employment laws.

2
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What is an independent contractor?

A self-employed individual hired to perform services but not under the direct control of the employer.

3
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What is a contingent worker?

A worker with temporary, sporadic, or seasonal employment (e.g., temps, part-time, staffing agency workers).

4
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What is an employer?

Any person or entity that hires at least one worker (employee or contractor); subject to employment laws.

5
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What does it mean to be an exempt employee?

A worker not entitled to overtime under FLSA, often salaried professional, executive, or administrative roles.

6
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What does it mean to be a non-exempt employee?

A worker entitled to minimum wage and overtime pay under FLSA.

7
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What is the Common-Law Agency Test?

A legal test used by courts to determine employee status, based on whether the employer has the right to control the work.

8
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What is the IRS 20-Factor Test?

A checklist used by the IRS to determine if a worker is an employee or independent contractor for tax purposes.

9
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What is the Economic Realities Test?

A test used by courts and DOL to decide if a worker is economically dependent on an employer or in business for themselves.

10
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What is the role of the U.S. Department of Labor (DOL)?

Oversees 180+ labor laws covering wages, benefits, unemployment, safety, and re-employment.

11
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What is the role of the Wage & Hour Division (WHD)?

Enforces the Fair Labor Standards Act (FLSA) including minimum wage, overtime, recordkeeping, and child labor.

12
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What is the role of the Occupational Safety & Health Administration (OSHA)?

Ensures safe and healthy working conditions by setting/enforcing standards and providing training.

13
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What is the role of the Equal Employment Opportunity Commission (EEOC)?

Enforces civil rights laws against workplace discrimination in hiring, firing, promotion, wages, and harassment.

14
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What is the role of the National Labor Relations Board (NLRB)?

Enforces labor law related to union rights, collective bargaining, and unfair labor practices.

15
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What is the role of the Office of Federal Contract Compliance Programs (OFCCP)?

Ensures federal contractors comply with nondiscrimination and affirmative action requirements.

16
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What is the difference between a worker and an employee?

A worker is a general term for anyone performing labor, while an employee is specifically under the control of an employer and protected by employment laws.

17
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Why is it important to determine if a worker is an employee?

Because employees are protected by labor laws, and misclassification can expose employers to lawsuits, penalties, and back pay liability.

18
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What categories or statuses can workers fall under?

Employee, independent contractor, or contingent worker (temporary, seasonal, part-time).

19
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How are employees’ jobs classified?

Exempt vs. non-exempt (FLSA), full-time vs. part-time, permanent vs. temporary.

20
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What are the consequences of misclassifying an employee as an independent contractor?

Back pay, tax penalties, fines, loss of benefits, and possible lawsuits.

21
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Which employers are covered by EEOC laws?

Employers with 15+ employees (20+ for age discrimination cases), labor unions, and staffing agencies.

22
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Which employers are covered by OSHA?

Most private-sector employers, except self-employed workers, farm family workers, and industries under other federal agencies.