What is the test for determining whether a person who earns more than the minimum wage can be denied a claim under the Employment Rights Act?

gainfulness of the activity itself." Keyes v. Sullivan, 894 F.2d 1053, 1056 (9th Cir.1990). "The mere existence of earnings over the statutory minimum is not dispositive." Id. "The claimant may rebut a presumption based on earnings with evidence of his inability to . . . perform the job well, without special assistance, or for only brief periods of time." Id. Among the factors to be considered are "how well the person is able to perform the work" and "special conditions under which the work is performed." Id. The regulations provide in pertinent part: