Applying Martinez v. Combs (2010) 49 Cal.4th 35 regarding the definition of employer under IWC orders, this decision affirms a summary judgment finding that a bail bond surety company is not the employer of bail bondsmen’s fugitive recovery personnel. The surety company did not hire, fire or exercise control over those personnel. The surety company’s contracts with the bail bondsmen stated that the latter would exercise sole control over their own employees and that the bondsmen themselves were independent contractors, not agents or employees of the surety company. The employees could not circumvent the Martinez test of employment just by alleging that the bondsmen were the surety company’s agents.