Responsible Employer

Question 1

Who is an Employer?

Answer 1

“Economic Realities Test”: (still kind of based on “control of manner and means” test).
* 4 Factors:
(1) Control (big one)
(2) Payment of wages (how money is paid out  hourly vs. end of job), workers opp. for profit/loss and their investment in the biz
(3) degree of skill/independent initiative required to perform work
(4) Right to hire, fire, and discipline
(5) Performance of duties as an integral part of the employer’s business towards the accomplishment of a common goal

Question 2

Cases

Answer 2

Ansoumana: court used economic realities test to determine the Def’s were employers. first company was in control and then Duane Reade was a JOINT EMPLOYER because they also exercised control.