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The Second Circuit’s method of combining alternative for revenue or loss and funding is also extra trustworthy to the Supreme Court’s original analysis in Silk. In that case, the Court listed the 2 components individually but analyzed them together. Thus the query is whether or not employees are extra like unloaders whose income have been primarily based solely on “the work of their arms and simple tools” or the drivers whose income trusted their initiative and investments.
Blurred lines additional create inefficiency by requiring courts to analyze the same information multiple instances, generally in inconsistent methods. Additionally, litigants handle and analyze the same details repeatedly, and companies should consider those self same details again and again when making employee classification decisions. for profit or loss and integral part elements “each weigh heavily in favor of the . conclusion that nurses are employees,” while ability and permanence components “weigh slightly in favor of impartial standing, [but] don’t tip the balance”).
And the Department’s enforcement experience doesn’t indicate that there is confusion concerning employees’ classifications as an employee or impartial contractor in the MSPA context to the identical extent as the FLSA context. As such, it isn’t completely clear whether or not …