Who is an "Employer" in California?

In Martinez v. Combs, the California Supreme Court addressed the issue of who qualifies as an employer for certain aspects of the Labor Code's minimum wage and overtime laws. In that case, agricultural workers sued both their bona fide employers and also merchants and distributors of the employer's products. The workers claimed these later organizations qualified as "employers."

The Supreme Court credited the lower courts' holdings that merchants and distributors that they were not employers of these workers. The Court held, in essence that an employer is one who: 1) exercises control over wages, hours, or working conditions; 2) suffers or permits to work; or 3) engages, creating a common law employment relationship. This is a broader definition than under the FLSA, and appears to further California’s public policy provide greater protection to employees.