Employment law case analysis 2-3 pages

Employment law case analysis 2-3 pages

Case 3

Pulse Drugs operates an ambulance service to transport disabled individuals on a non-emergency basis.  Halferty was hired as a night dispatcher by Pulse.  Halferty worked at home, and was required to be “on duty” to take calls for service from 5:00 p.m. to 8:00 a.m., Monday – Thursday, and from 5:00 p.m. Friday to 8:00 a.m. Monday; she was paid $230 per month.  Halferty was not given any special training; she was simply instructed how to fill in record sheets, and how to call the ambulance crew to notify them of the service request.  Halferty was free to engage in personal business as long as it didn’t interfere with the calls, and was able to leave her home as long as she made sure someone was available to answer the phone.  Pulse claimed Halferty was an independent contractor and was exempt from FLSA’s overtime and minimum wage requirements.  Halferty filed suit to collect overtime and minimum wage back pay under FLSA.

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Analysis

It is important to first establish if indeed Halferty is an independent contractor or an employee. According to FLSA, an employee is one who is employed by an employer. 29 U.S.C. Sec. 203(e)(1) (Gee, 2013).  The employer is defined as someone who acts directly or indirectly in the interest of an employer in relation to an employee. The first issue to look at is the qualifications of an independent contractor. According to definitions, independent contractors have special skills which form the basis of their employment (Buchanan, 1988).  In our…

APA

614 words