Labor/Employment,
Civil Litigation,
California Courts of Appeal
Sep. 22, 2021
Rethinking the joint-employer standard
What does it take to be considered a joint employer? Does it require direct control? Is the ability to dictate wages, even if indirectly, enough? Must the joint employer have explicit authority to fire the employee, or is practical ability sufficient?
Stephen L. Raucher
Partner
Reuben Raucher & Blum
Email: sraucher@rrbattorneys.com
Stephen practices complex business litigation, with an emphasis on representing policyholders in insurance disputes.
What does it take to be considered a joint employer? Does it require direct control? Is the ability to dictate wages, even if indirectly, enough? Must the joint employer have explicit authority to fire the employee, or is practical ability sufficient?
According to the California Supreme Court in Martinez v. Combs, 49 Cal. 4th 35 (2010), joint-employer status is determined by a standard consisting of three alternatives: (1) to "exercise con...
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