Rev. Jan. 2024. "This fact sheet provides general information on how to determine if a worker is an employee or independent contractor under the FLSA.... What Is the Economic Reality Test? ... Economic Reality Test Factors: [1] Opportunity for profit or loss depending on managerial skill.... [2] Investments by the worker and the employer.... [3] Degree of permanence of the work relationship.... [4] Nature and degree of control.... [5] Extent to which the work performed is an integral part of the employer's business.... [6] Skill and initiative."  MORE >>