Fill and Sign the Miscellaneous Issues Form

1.9.4.2 Miscellaneous Issues Joint Employers It is not always clear under the law whether a person is an “employee” or not, or who the “employer” is. Some people, for example, perform services for others while remaining self employed as independent contractors. Others are clearly “employees,” but a question may arise as to who the employer is; and, in some instances, an employee may have joint employers, that is, more than one employer at the same time. So, a preliminary issue for your decision in this instance is the question whether the Plaintiff was an “employee” of the Defendant [ABC Corporation] as well as, perhaps, an employee of. You should resolve this question in light of the economic realities of the entire relationship between the parties, and should consider each of the following factors to the extent you find that a particular factor is applicable to the case: (1) the nature and degree of control of the employee, and who exercises that control; 196(2) the degree of supervision, direct or indirect of the employee’s work, and who exercises that supervision; (3) who exercises the power to determine the employee’s pay rate or method of payment; (4) who has the right, directly or indirectly, to hire, fire, or modify the employment conditions of the employee;(5) who is responsible for the preparation of the payroll and the payment of wages;(6) who made the investment in equipment and facilities used by the employee;(7) who has the opportunity for profit and loss; (8) the permanency and exclusivity of the employment;(9) the degree of skill required to do the job;(10) the ownership of the property or facilities where the employee works; and(11) the performance of a specialty job within the production line integral to the business. 197 Consideration of all of the circumstances surrounding the work relationship is essential, and no one factor is determinative. Nevertheless, the extent of the right to control the means and manner of the worker’s performance is the most important factor. ANNOTATIONS AND COMMENTSThis instruction is derived from Aimable v. Long and Scott Farms, 20 F.3d 434 (11th Cir.), cert. denied, 513 U.S. 943, 115 S.Ct. 351, 130 L.Ed.2d 306 (1994). See also Antenor v. D & S Farms, 88 F.3d 925 (11th Cir. 1996).