FLSA Question

Here is the question I have been asked of by our Manufacturing Director regarding his wife's business...

Business is a small hair salon/spa in WI. Business owner "hires" an individual to perform anesthesiologist services at the salon. Individual does not possess the state certification and needs hours worked before being eligible for her state boards. Individual provides all necessary equipment. Individual selects her own hours, sets up her own LLC and hands out business cards with the business name on it, no connection to the salon. The business owner and other staff schedule appointments. Individual is paid through the business payroll and is covered under WC for the salon. Verbal agreement is the this individual will be paid commission only - nothing in writing.

Individual has now filed a wage/hour complaint stating she was actually an employee and should receive minimum wage for all hours worked.

Does she have a valid claim?

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