and shaping a new standard. Given the flexibility of the existing single employer test, this approach is unnecessary. The NLRB test is not a strict formula, but instead embodies factors commonly recognized to characterize coordinated enterprises. It acknowledges that no two operations are exactly alike; therefore, as the majority points out, “[cjourts applying the NLRB ‘single employer’ test to private entities in Title VII cases have held that not every factor need be present, and no single factor is controlling.” Majority Op. at 1341-42 n. 5 (citing three cases recognizing this proposition). A number of courts already have demonstrated that the NLRB test can be applied to government employers with little difficulty. See Riley v. County of Pike, 761 F.Supp. 74, 76-77 (N.D.Ind.1991) (<HOLDING>); Vandermeer v. Douglas County, 15 F.Supp.2d
holding in age discrimination case under adea that same considerations are pertinent when deciding single employer issue for public entities as for private entities and applying nlrb test to resolve the question noting that where government entities are concerned court also must keep constitutional separation of powers issues in mind holding that government entities may not assert qualified immunity holding that an agency may not delegate its public duties to private entities holding entities created by statute can only exercise the powers granted to them by the legislature holding that notice statute applies to both municipal entities and employees of municipal entities acting within the scope of their employment