PARTIES; DEFINITIONS; WHO IS AN EMPLOYER? – Joint, Single or Dual Employers
Single Topic for Decision 2067M
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201.04000 – Joint, Single or Dual Employers
Where two or more employers exert significant control over the same employees, such that one agency retains the right to control both what shall be done and how it shall be done, or the manner and method in which the work is performed, that agency retains its status as a joint employer of the employees. This is essentially a factual determination. The focus of the joint employer analysis is on the relationship between the agency and the employees. Where a County retained and exercised control over physicians at its hospital outpatient clinics, in areas such as hiring, review of individual employment agreements, salaries and specialty pay, time base reduction, policies regarding patient care, fees and dress code, and discipline, the County retained control over the manner and method in which the work was performed, and therefore is a joint employer of the clinic physicians.