Saturday, May 30, 2009
On May 29, 2009 Workplace Prof Blog raised an interesting legal issue. Whether the children on the reality TV show, Jon plus Kate are working. If they are, FLSA child labor law requirements kick in. The issue in my mind boils down to whether or not they are employees of the TV show. Since they are getting paid and not doing this for their health, my view is that they are employees.
The FLSA applies an economic reality test to determine employment status. The defintion of employee and employ under the FLSA is broader than under most other employment law statutes. The family is filmed at certain times and that is all probably planned out. In other words, the show is directed their work-at least to some degree.
However, this is really a relatively novel question and would make a great law review article.
Mitchell H. Rubinstein