Misclassification Clause Samples

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Misclassification. No Associate that should have been classified as an employee is misclassified as an independent contractor or non-employee under any applicable Legal Requirement, and UAV has not received any written notice from any Governmental Entity, Associate, or other Person disputing such classification. UAV maintains accurate and complete records for relevant statutory recordkeeping periods of all hours worked by each employee eligible for overtime compensation (or with respect to which UAV otherwise has an obligation to track hours worked) and compensates all employees in accordance with the requirements of the Fair Labor Standards Act and the applicable Legal Requirements of all jurisdictions in which UAV maintains employees.
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Misclassification. No current or former independent contractor of any Acquired Company is or has been a misclassified employee under any applicable Legal Requirement, and no Acquired Company has received any notice or other communication from any Person disputing such classification. No independent contractor is eligible to participate in any Company Benefit Plan (other than a Stock Plan). No Acquired Company has ever had any temporary or leased employees or individuals employed through a professional employer organization that were not treated and accounted for in all respects as employees of such Acquired Company. All of the current and former employees of the Acquired Companies are and have at all times been correctly classified as either exempt or non-exempt employees under the Fair Labor Standards Act and all other applicable Legal Requirements of all jurisdictions in which the Acquired Companies maintain employment relationships or where employees provide services to any Acquired Company. Each Acquired Company maintains accurate and complete records of all overtime hours worked by each employee eligible for overtime compensation and compensates all employees in accordance with the requirements of the Fair Labor Standards Act and the applicable Legal Requirements of all jurisdictions in which the Acquired Companies maintain employees.
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Misclassification. If the Institution informs Google of any works that it believes have been misclassified as not in the public domain (or of a systematic misclassification of works) and provides supporting reasons and information, as well as information regarding the processes used to verify such information, then Google shall use commercially reasonable efforts to appropriately consider such information (and to remedy any such systematic misclassification Google determines to exist). To the extent Google determines that any work is in the public domain as a result of the foregoing, it shall treat such work as being in the public domain.
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Misclassification. No current or former independent contractor of any Acquired Company could be deemed to be a misclassified employee. No independent contractor is eligible to participate in any Company Benefit Plan to which regular, full-time employees are or were at the relevant time entitled, were and have been engaged in accordance with all applicable Laws, and have been treated accordingly and appropriately for all Tax purposes. No Acquired Company has ever had any temporary or leased employees that were not treated and accounted for in all respects as employees of such Acquired Company. The employees of the Acquired Companies are correctly classified as either exempt or non-exempt employees under the applicable Legal Requirements of all jurisdictions in which the Acquired Companies maintain employment relationships. All U.S. employees of the Acquired Company have been, and currently are, properly classified as exempt or non-exempt for the purpose of determining entitlement for payment for the performance of overtime work under the Fair Labor and Standards Act or any applicable Legal requirements of all jurisdictions which the Acquired Company maintains employees. Each Acquired Company maintains accurate and complete records of all overtime hours worked by each employee eligible for overtime compensation and compensates all employees in accordance with the requirements of the Fair Labor Standards Act and the applicable Legal Requirements of all jurisdictions in which the Acquired Companies maintain employees. Any Persons now or previously engaged by any Acquired Company as consultants or independent contractors, rather than employees, have been, to the Company’s Knowledge, properly classified as such and are not entitled to any compensation or benefits. No Acquired Company is delinquent to, or has failed to pay, any of its employees, consultants or contractors for any material earned wages (including overtime or meal breaks, where applicable), salaries, commissions, accrued and unused vacation or paid time off, bonuses, benefits, profit sharing, stock options or other compensation for any services performed by them or amounts required to be reimbursed or damages or interest paid to such individuals. No Acquired Company is liable for any payment to any trust or other fund or to any Governmental Entity, with respect to unemployment compensation benefits, social security or other benefits or obligations for employees (other than routine payments to be made in the normal co...
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Misclassification. Since May 23, 2016, except as would not reasonably be expected to result in material Liability, all individuals who perform or have performed services for any Acquired Company have been properly classified under the applicable Legal Requirements as employees or independent contractors, to the extent applicable. No independent contractor is eligible to participate in any Company Benefit Plan (other than the Stock Plan or any independent contractor or consulting agreement). Since May 23, 2016, except as would not reasonably be expected to result in material Liability, no Acquired Company has or has had any temporary or leased employees that were not treated and accounted for in all respects as temporary or leased employees of such Acquired Company. Except as would not reasonably be expected to result in material Liability, the current and former employees of the Acquired Companies have been properly classified since May 23, 2016 as either exempt or non-exempt employees under the applicable Legal Requirements of all jurisdictions in which the Acquired Companies maintain employment relationships. Except as would not reasonably be expected to result in material Liability, each Acquired Company maintains accurate and complete records of all overtime hours worked since May 23, 2016 by each employee eligible for overtime compensation and compensates all employees in accordance with the requirements of the Fair Labor Standards Act and the applicable Legal Requirements of all jurisdictions in which the Acquired Companies maintain employees.
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Misclassification. No Company Associate that should have been classified as an employee is misclassified as an independent contractor or non-employee under any applicable Legal Requirement, and no Acquired Company has received any notice from any Governmental Entity, Company Associate, or other Person disputing such classification. No independent contractor is eligible to participate in any Employee Benefit Plan, and no Acquired Company has received any notice from any Governmental Entity, independent contractor, or other Person demanding that a Person classified as an independent contractor be permitted to participate in any Employee Benefit Plan. The Company Associates of each Acquired Company who have been employed as employees of such Acquired Company are and have at all times been correctly classified as either exempt or non-exempt employees under the applicable Legal Requirements of all jurisdictions in which the applicable Acquired Company maintains employment relationships. Each Acquired Company maintains accurate and complete records for relevant statutory recordkeeping periods of all hours worked by each employee eligible for overtime compensation (or with respect to which an Acquired Company otherwise has an obligation to track hours worked) and compensates all employees in accordance with the requirements of the Fair Labor Standards Act and the applicable Legal Requirements of all jurisdictions in which the applicable Acquired Company maintains employees.
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Related to Misclassification

  • Classification For the purposes of Rules 43.3(a) and 70.5(b), the Authority shall indicate the classification of the subject matter according to the International Patent Classification. The Authority may, in addition, in accordance with Rules 43.3 and 70.5, indicate the classification of the subject matter according to any other patent classification specified in Annex E to this Agreement to the extent decided by it as set out in that Annex.

  • Job Classification Full-Time and Part-Time (a) When a new classification (which is covered by the terms of this Collective Agreement) is established by the Hospital, the Hospital shall determine the rate of pay for such new classification and notify the Local Union of the same within seven (7) days. If the local challenges the rate, it shall have the right to request a meeting with the Hospital to endeavor to negotiate a mutually satisfactory rate. Such request will be made within ten (10) days after the receipt of notice from the Hospital of such new occupational classification and rate. Any change mutually agreed to resulting from such meeting shall be retroactive to the date that notice of the new rate was given by the Hospital. If the parties are unable to agree, the dispute concerning the new rate may be submitted to arbitration as provided in the Agreement within fifteen (15) days of such meeting. The decision of the Board of Arbitration (or Arbitrator as the case may be) shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classification. (b) When the Hospital makes a substantial change during the term of this agreement in the job content of an existing classification which in reality causes such classification to become a new classification, the Hospital agrees to meet with the Union, to permit the Union to make representation with respect to the appropriate rate of pay. (c) If the matter is not resolved following the meeting with the Union the matter may be referred to arbitration as provided in the Agreement within fifteen (15) days of such meeting. The decision of the Arbitrator shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications. (d) The parties further agree that any change mutually agreed to or awarded as a result of arbitration shall be retroactive only to the date that the Union raised the issue with the Hospital.

  • Client Classification 7.1. We shall not have an obligation to treat our clients in different classes depending on their knowledge and expertise.

  • Work in a Higher Classification Any employee who is assigned by his/her supervisor to a vacant position in a higher grade for a period of more than thirty (30) days shall receive the salary rate for the higher position from the first day of the appointment, provided such assignment has the prior approval in writing of the Appointing Authority or his/her designee. The approval of the Appointing Authority or his/her designee shall take effect as of the first day of the assignment. Any assignment to a vacant position in a higher grade must be in writing to be valid.

  • Working Out of Classification Whenever an employee is assigned the principal duties and responsibilities of an employee in a higher classification for a single shift or greater period of time, that employee shall be paid a minimum of three (3) steps above their present salary, or shall receive the salary at the bottom of the range for the classification which they are working in, whichever is greater, for all such time worked.