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Martinez v. Combs, Opinion No. S121522 (May 20, 2010)

Articles Discussing Case:

State Supreme Court Clarifies The Definition Of "Employ"

Fisher Phillips • June 22, 2010
Recently the California Supreme Court held that third-party merchants were not "employers" as defined by the Industrial Welfare Commission, in part because they did not control the conditions of employment for the subject agricultural employees (strawberry pickers), i.e., did not hire them, fire them, or even have a right to tell them what to do or direct their work. The practical effect in this litigation was that the employees could not obtain unpaid wages from third-party merchants after the uncontested employer became insolvent. Martinez v. Combs.