PARTIES; DEFINITIONS; WHO IS AN EMPLOYER? – Joint, Single or Dual Employers

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In assessing a single employer claim, PERB looks at four factors: (1) functional integration of operations; (2) centralized control of labor relations; (3) common management; and (4) common ownership or common financial control. (California Virtual Academies (2016) PERB Decision No. 2484, p. 64 (CAVA).) Single employer status “does not require the presence of all four factors.” (Ibid.) This is especially the case given that our inquiry must take into account not only how many of the factors are present, but also to what extent they are present. (pp. 18-19.) Single employer relationship found where County and clinic corporations do not operate at arm’s length.