California Labor Code section Section 2802 provides, in pertinent part, “(a) An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful,…

The California Supreme Court’s decision in Martinez v. Combs (2010) 49 Cal.4th 35 (“Martinez”) sets forth the law which governs the issue of whether an employer-employee relationship exists in the context of a wage claim. In Martinez the California Supreme Court defined an “employer” as one who, directly or indirectly, or through an agent or…