Who’s the “Employer”?

The California Supreme Court’s decision in Martinez v. Combs (2010) 49 Cal.4^th 35 (“Martinez”) sets forth the law which governs the issue of whether an employer-employee relationship exists in the context of a wage claim. In Martinez the California Supreme Court defined an “employer” as one who, directly or indirectly, or through an agent or any other person, (a) exercised control over the Plaintiff’s wages, hours or working conditions, or (b) suffered or permitted Plaintiff to work, or (c) engaged Plaintiff, thereby creating a common law employment relationship. Martinez v. Combs, supra, 49 Cal.4th at 64. Only one of the three alternative definitions is required to establish an employment relationship under the Martinez test.