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A technician installed satellite television dishes at subscriber s homes. He was paid a flat rate for each installation or repair he performed. He worked

A technician installed satellite television dishes at subscribers homes. He was paid a flat rate for each installation or repair he performed. He worked very long hours and usually six days each week. The technician did this work for the same satellite TV company for about twenty months. The company did not prohibit him from working for other companies, but his long hours and travel time between installation sites largely precluded his doing so. The work required some train-ing and certification. Basic computer skills, tool usage proficiency, and some knowledge of requirements for electrical work were required to do the job. The technician used his own vehicle, paid for his own gas and insurance, and provided his own tools. The company provided the satellite dishes, modems, and other hardware. The technician did not hire any assistants. Had he done so, they would have had to meet the companys certification requirements and he would not have been paid any more to cover the cost. The technician worked without supervision. However, the company required that installations be done in accordance with their standards and monitored installation quality remotely. If customer complaints were received, the technician would have to return to the installation sites and fix the problems, with no additional compensation. The technician was expected to perform all scheduled installations, although occasional rearrangement of schedules was allowed. The technician was not required to wear a uniform and company logo. The technician sued for unpaid overtime work under the Fair Labor Standards Act. Is the technician an employee with the right to receive overtime pay or, as the company maintains, an independent contractor with no right to overtime pay

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