PARTIES; DEFINITIONS; WHO IS AN EMPLOYER? – Joint Powers Agreements
Single Topic for Decision 1928E
Full Decision Text (click on the link to view): Full Text
201.05000 – Joint Powers Agreements
The Board is not necessarily bound by contract language when determining the existence of a joint employer relationship. The key inquiry in joint employer cases is the level of actual control exerted by the parties over the shared employees. Thus, while contract language provides legitimate indicia of control by one party it is not a dispositive factor in finding the existence of a joint employer relationship.