Florida/Georgia Personal Injury & Workers Compensation

...Portland Terminal Co., 330 U.S. 148, 150-51, 67 S.Ct. 639, 91 L.Ed. 809 (1947); Aimable, 20 F.3d at 439. Rather, an entity "employs" a person under the FMLA if it "suffers or permits" the individual to work. See 29 U.S.C. §§ 203(g), 2611(3); see also 29 C.F.R. § 825.105(a)....

...ctual issue relevant to the use."). While the Department of Labor has adopted the "payroll method" for determining the number of employees, see Walters v. Metropolitan Educ. Enters., Inc., 519 U.S. 202, 207, 117 S.Ct. 660, 136 L.Ed.2d 644; 29 C.F.R. § 825.105(e) ("private employer is covered if it maintained 50 or more employees on the payroll"), this simply recognizes that "the employment relationship is most readily demonstrated by the individual's appearance on the employer's payroll." Walters, 519 U.S....

...ethod for assessing whether a person is an employee is to determine whether there is an employer relationship. See id. ("[A]ll of the individuals with whom an employer has an employment relationship are `employees' of that employer."); cf. 29 C.F.R. § 825.105(a) (discussing meaning of employment relationship)....

...006 or 2007. 29 U.S.C. § 2611(4)(A)(i) ("The term `employer' ... means any person... who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year."); see also 29 C.F.R. § 825.105.