In California under the IWC wage orders an entity can be held part of an employer/employee relationship if any one of the following three scenarios are satisfied:
(1) “to exercise control over the wages, hours or working conditions;” or
(2) “to suffer or permit to work;” or
(3) “to engage,” a common law definition.
Elements to satisfy test:
- power to hire or fire, or
- set or pay wages or
- exercise control over the workers.