To show that recent efforts would only increase, the DOL gave an interpretation indicating its enforcement position under the Fair Labor Standards Act of 1938 (“FLSA”). Courts and DOL use the six-factor “economic reality” test, which focuses on whether an employee is economically dependent on an employer (i.e. a worker) or, in the company, for himself (i.e. an independent contractor) under the FLSA. Since this is generally a close and personal relationship, this contract contains specific provisions to ensure that any differences of opinion can be dealt with in a simple way (for example. B specifies that the worker must work flexible hours and that overtime does not increase overtime pay). The contract also sets out the amounts that can be deducted from the personal assistant`s salary to avoid misunderstanding and includes an optional health insurance benefit clause and other benefits. It also contains an extended confidentiality clause to reflect the fact that the employee may have access to confidential personal data. In the analysis of an employee`s particular skills and initiative, the courts take into account their use independently, for example. B when they demonstrate an initiative similar to that of a company. A worker who uses her particular business skills, judgment and initiative, rather than relying exclusively on her technical skills, is considered economically independent and not a worker.

This personal assistant contract (individual version of the employer) covers the requirements of a “Form Section One Statement” under the Employment Rights Act 1996. But it also offers many additional clauses that offer better protection to the employer and address the personal nature of the relationship between an employer and a personal assistant. The courts have found that a worker`s ability to control her work schedules or to be subject to low control does not indicate the status of an independent contractor. In addition, the courts are not incriminated by companies that claim that the nature of their businesses dictates the level of control of workers (. B, for example, the hours worked, the prices charged or the tasks they perform). The last factor in the economic reality test is the degree of control. To be considered an independent contractor, the worker must control the useful aspects of the work so that it can be considered an activity of its own. Control must be more than theoretical; the worker must indeed exercise this level of control. The courts have found that it is not what the worker could do that matters, but what the worker actually does, which is relevant to that factor. In order to support a worker considered to be an independent contractor, the courts analyze the nature and extent of the worker`s investments in equipment and equipment in relation to that of the employer.