PARTIES; DEFINITIONS; WHO IS AN EMPLOYER? – Joint Powers Agreements

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* * * OVERRULED IN PART by County of Ventura (2018) PERB Decision No. 2600-M, where the Board held a public entity with a right of control maintains its status as an employer regardless of the level of actual control it decides to exercise at any given time as long as it shares influence over, or co-determines, one or more terms or conditions of employment. * * *

The Board is not necessarily bound by contract language when determining the existence of a joint employer relationship. The key inquiry in joint employer cases is the level of actual control exerted by the parties over the shared employees. Thus, while contract language provides legitimate indicia of control by one party it is not a dispositive factor in finding the existence of a joint employer relationship.