Vernon v. State of California

In Vernon v. State of California (2004) 116 Cal.App.4th 114, the court recognized that "'there is no magic formula for determining whether an organization is a joint employer. Rather, the court must analyze "myriad facts surrounding the employment relationship in question."No one factor is decisive. ' " (Vernon, supra, 116 Cal.App.4th at pp. 124-125.) The Vernon court advised that to determine whether a joint employment relationship exists under FEHA, the court should consider "payment of salary or other employment benefits and Social Security taxes, the ownership of the equipment necessary to performance of the job, the location where the work is performed, the obligation of the defendant to train the employee, the authority of the defendant to hire, transfer, promote, discipline or discharge the employee, the authority to establish work schedules and assignments, the defendant's discretion to determine the amount of compensation earned by the employee, the skill required of the work performed and the extent to which it is done under the direction of a supervisor, whether the work is part of the defendant's regular business operations, the skill required in the particular occupation, the duration of the relationship of the parties, and the duration of the plaintiff's employment." (Id. at p. 125.)