Cut and pasted from DOL website and holds very true to MT Companies - key word INTEGRAL Posted: Mar 11th, 2016 - 2:04 pm In Reply to: Thanks, Nick. SM... - Anon
If the work performed by a worker
is integral to the employer’s business, it is more likely that the worker is economically dependent
on the employer. See Rutherford, 331 U.S. at 729 (workers were employees in part because
work was “part of the integrated unit of production”); Donovan v. DialAmerica Mktg., Inc., 757
F.2d 1376, 1385 (3d Cir. 1985) (“workers are more likely to be ‘employees’ under the FLSA if
they perform the primary work of the alleged employer”). A true independent contractor’s work,
on the other hand, is unlikely to be integral to the employer’s business.
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