Before an entity attempts to comply with the FLSA with respect to a particular individual or class of individuals, the entity should first determine whether the FLSA even covers the individual or class in question; that is, whether the individual is considered to be an employee under the Act. While most workers are covered as employees, there are certain classes of individuals who are not considered employees. Volunteers and independent contractors are not covered by the Act. In addition, trainees and certain elected officials, their staff, and certain employees of legislative bodies are also not covered by the FLSA.
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