What is the test for joint employer liability in a medical malpractice case?

California, United States of America


The following excerpt is from Bishop v. Wyndham Worldwide Corp., A122517, A123449, No. 462609 (Cal. App. 2011):

Finally, the test of Jones v. County of Los Angeles, supra, 99 Cal.App.4th at pp. 1046-1047 is also unavailing. The factors there outlined were the right to control personnel duties, the power to discharge employees, payment of salaries, the nature of the services provided, and the beliefs of the parties as to who the employer was. For the reasons already stated, the first four of these factors do not support joint employer liability. The fifth factor is simply not enough to hold the parent liable when the belief is held unilaterally by the employee

VIII. IN APPEAL NO. 123449 THE AWARD OF COSTS MUST BE REVERSED.

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