California, United States of America
The following excerpt is from Diaz v. S&R Farm Labor Contractor, Inc., D073115 (Cal. App. 2018):
"In determining whether a special employment relationship exists, the primary consideration is whether the special employer has ' "[t]he right to control and direct the activities of the alleged employee or the manner and method in which the work is performed, whether exercised or not .... " ' " (Kowalski v. Shell Oil Co. (1979) 23 Cal.3d 168, 175.) Factors indicating a special employment relationship include (1) whether the special employer exercises control over the details of the employee's work beyond direction about the result to be achieved, (2) whether the special employer has the power to discharge the employee, (3) whether the nature of the services are skilled or unskilled, (4) whether the work is part of the special employer's business, (5) the duration of the employment, and (6) who supplies the work tools. (Id. at pp. 176-177.) Conversely, circumstances tending to negate the existence of a special employment relationship include those in which "[t]he employee is (1) not paid by and cannot be discharged by the borrower, (2) a skilled worker with substantial control over operational details, (3) not engaged in the borrower's usual business, (4) employed for only a brief period of time,
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