Woods’ decision in part focused on the four-factor test included in the final rule. The test considers whether the potential joint employer:
- Hires or fires the employee (not whether the employer has the authority to hire or fire).
- Supervises and controls the employee’s work schedule or conditions of employment to a substantial degree.
- Determines the employee’s rate and method of payment.
- Maintains the employee’s employment records.
The weight given to each factor varies according to circumstance, and the maintenance of employee records alone does not constitute a joint-employer relationship.
