Elizabeth Dole, Secretary of Labor, United States Department of Labor v. Karen Snell and Gerald Snell, Individuals Doing Business as Cakes by Karen

STEPHEN H. ANDERSON, Circuit Judge.

The sole issue in this case is whether cake decorators at a bakery known as “Cakes by Karen” are employees or independent contractors for purposes of coverage under the Fair Labor Standards Act of 1938, as amended (“FLSA”), 29 U.S.C. § 201, et seq. The district court held that they were independent contractors. We conclude that they are employees.

I

Karen and Gerald Snell own and operate a bakery and decorated cake sales business called “Cakes by Karen.” It is composed of one bakery and eight retail stores, one of which is connected to the bakery. The cake…