PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309) – In General

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To determine whether individuals are employees of a public agency subject to the MMBA or of another entity, the courts adapted the common law test for distinguishing an employee from an independent contractor, including (1) the right to control the duties of employees; (2) the power to discharge employees; (3) payment of salary; (4) the nature of the services; and (5) the parties’ belief as to the employment relationship. The right to control the purported employees’ duties is the most important factor.