[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1620.8]

[Page 311-312]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1620_THE EQUAL PAY ACT--Table of Contents
 
Sec.  1620.8  ``Employer,'' ``employee,'' and ``employ'' defined.

    The words ``employer,'' ``employee,'' and ``employ'' as used in the 
EPA are defined in the FLSA. Economic reality rather than technical 
concepts determines whether there is employment

[[Page 312]]

within the meaning of the EPA. The common law test based upon the power 
to control the manner of performance is not applicable to the 
determination of whether an employment relationship subject to the EPA 
exists. An ``employer,'' as defined in section 3(d) of the FLSA, means 
``any person acting directly or indirectly in the interest of an 
employer in relation to an employee'' and includes a ``public agency,'' 
as defined in section 3(x). An ``employee,'' as defined in section 3(e) 
of the FLSA, ``means any individual employed by an employer.'' 
``Employ,'' as used in the EPA, is defined in section 3(g) of the FLSA 
to include ``to suffer or permit to work.'' Two or more employers may be 
both jointly or severally responsible for compliance with the statutory 
requirements applicable to employment of a particular employee.