Section 2 Definition of ?Employer?

• Library: Employer-Employee Law 2008

Under the Act, the term “employer” is defined as “a person engaged in a business affecting commerce who has employees, but does not include the United States (not including the United States Postal Service) or any State or political subdivision of a State.” 29 U.S.C. § 652(5). An employer-employee relationship is determined by using the “economic realities test,” which applies the following factors:

1. whom do the workers consider their employer
2. who pays the workers’ wages
3. who has the responsibility to...