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The Conflict Between the Circuits in Analyzing Joint Employment Under the FLSA: Why the Supreme Court Should Grant Certiorari in Zheng v. Liberty Apparel

Engage Volume 12, Issue 1, June 2011

In 1938, Congress passed the Fair Labor Standards Act (“FLSA”), a comprehensive labor law that includes minimum wage and overtime regulations. In drafting the FLSA, Congress extended its protections to workers who would not have been considered employees under the common law definition. The FLSA used a definition of employment, “to suffer or permit to work,” borrowed from child labor laws used by many states. As the Supreme Court has noted, this definition does not “solve[] problems as to the limits of the employer-employee relationship under the [FLSA].” ...