The FLSA defines “employer” as “any person acting directly or indirectly in the interest of an employer in relation to an employee…” The FLSA further defines an “employee” as “any individual employed by an employer,” and “employ” as “includes to suffer or permit to work.” The definition is necessarily a broad one, in accordance with the remedial purpose of the FLSA. See Fact Sheet # 13: Employment Relationship Under the Fair Labor Standards Act (FLSA) for more information. An individual, family, or household receiving services provided by a direct care worker typically acts as an “employer” of the direct care worker under the FLSA. A single individual may be considered an employee of more than one employer under the FLSA. For example, an agency that sends a direct care worker to an individual’s home may be a joint employer with the individual, family or household to whom the direct care worker provides services.
October 2018
Tags: Home Care
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