Sales Representative Was Independent Contractor Not Eligible For Overtime Under FLSA
A sales
representative of playground equipment was an "independent contractor," not an
employee, and thus was not eligible to collect overtime pay under the Fair Labor
Standards Act (FLSA). The representative set her own hours and arranged her own
meetings, her pay was exclusively commission based, the representative made
minimal investment in materials to complete her job, little skill was needed to
sell playground equipment, there was no permanency to the relationship,
representative's responsibilities were marginally integral to the business since
she produced only one sale, and the representative was not economically
dependent on her income from the sales job since she also worked as a nurse.
Murray v. Playmaker Services, LLC