Employer Status Sample Clauses

Employer Status. The Employer agrees that, in the event of its consolidation with, acquisition of, or joint venture with, another entity, in which the entity performs work within the geographic and jurisdiction scope of this Agreement, it shall secure the succeeding entity’s compliance with this Agreement.
Sample 1Sample 2Sample 3See All (7)
AutoNDA by SimpleDocs
Employer Status. A number of federal and state statutory, common law and regulatory provisions define the employer-employee relationship. “Employer” status is based upon the functions provided by the “employer” for which the employer-employee relationship is being considered.
Sample 1Sample 2
Employer Status. The City will be the employer and assume the employment of the ED, DF, and Senior Accountant; provided, however, that the CRRMA shall be responsible for full reimbursement of the City for all compensation provided to the ED and the DF and a portion of the salary expenses of the Senior Accountant as previously enumerated.
Sample 1
Employer Status. Employer shall act as the general employer and Producer shall act as the special employer of all Personnel whose services are provided to Producer pursuant to this Agreement as the terms “general employer” and “special employer” are understood under applicable law. Producer shall be responsible for day-to-day supervision, direction and control of Personnel in the performance of their services for productions covered by this Agreement. Employer shall have the right to direct, control and supervise Personnel, provided that any such direction, control and supervision shall be consistent with and subject to any instructions, directives, or requirements of Producer and that in the event of any disagreement, Producer’s decision in such matters shall control and be final.
Sample 1
Employer Status. The CONTRACTOR is the employer for all employees necessary for the efficient and economical operation of the FRPS and to meet CONTRACTOR'S obligations hereunder and shall assume all labor and other employee contractual obligations directly related to the operation of the transit service and CONTRACTOR'S obligations hereunder. The CONTRACTOR shall negotiate all collective bargaining agreements. The CITY shall be consulted and advised on the collective bargaining agreement. Any amendments, modifications, changes, extensions, or renewals of collective bargaining agreements or other employee agreements as may be hereafter entered into by the CONTRACTOR and/or the General Manager shall be communicated to the CITY in writing within seven (7) days. The parties agree that CONTRACTOR shall have the status of and shall perform all work under this contract as an independent contractor, maintaining control over all its employees, consultants, sub consultants, contractors, or subcontractors. The only contractual relationship created by this contract is between the CITY and CONTRACTOR, and nothing in this contract shall create any contractual relationship between the CITY and CONTRACTOR'S employees, consultants, sub consultants, contractors, or subcontractors. The parties also agree that CONTRACTOR is not a CITY employee.
Sample 1
Employer Status. PTM of Cape Cod shall be the employer of all employees necessary for the operation of the transit system, unless another arrangement is made with the prior approval of THE AUTHORITY. PTM is responsible for conducting labor relations and the negotiation of collective bargaining agreements. PTM will be solely responsible for the compensation of the Resident General Manager and Resident Assistant General Manager and related matters.
Sample 1
Employer Status. All Employees shall be employees of Lessee, and all compensation and benefits of such employees shall be paid by Manager on behalf of Lessee, and the amount of such payments shall immediately be reimbursed to Manager by Lessee in accordance with Sections 3.5 and 2.2. Accordingly, Manager may establish appropriate payroll accounts covering all Employees and may make arrangements such that Manager can draw on the Property Accounts to transfer funds to such payroll accounts immediately upon its payment of such compensation to the Employees.
Sample 1
AutoNDA by SimpleDocs
Employer Status. The first issue is whether there has been a change in the identity of the employer(s) of the Unions’ members who work at the Facilities. The issue of employer or “true employer” status can at times be vexing. As noted in Re Fraser Burrard Hospital Society and HSA (1988), 35 LAC (3d) 257 (Xxxxxx), there can be many different purposes for which a resolution of the issue may be required (QL para. 41). Further, there is no single criterion and it is common to find competing criteria within a given fact pattern (ibid, at QL para. 63). The issue was comprehensively addressed for labour relations purposes by the Labour Relations Board in Columbia Hydro Constructors, BCLRB No. B36/94. That case admittedly arose in the “distinct or unique” circumstances of the construction industry, but the panel headed by then Chair Xxxx Xxxxxx set out a multi-faceted test of general application designed to address two related questions: (i) into which organization or undertaking are the employees integrated; and (ii), which organization or undertaking holds fundamental control over the employees? (p. 48). The first question focuses on the employees, while the second focuses on the alleged employer. In order to answer these questions, the Board adopted the seven factors compiled in York Condominium Corporation, [1977] OLRB Rep October 6/95. An application of the York Condominium factors to the present facts predictably yields conflicting results. The factors of direction and control, along with the burden of remuneration, point to the Facilities as the employers. However, as subsequently held in JJM Construction Ltd. (1996), 29 CLRBR (2d) 266 (BCLRB No. B16/96), the absence of these criteria does not preclude employer status (at QL para. 151). In my view, the authority to discipline, hire and fire -- being the third, fourth and fifth factors -- ultimately rests with the Government under the Act, especially when one recalls the applicable statutory provisions set out earlier in this award, including those assigning responsibility to the BC Public Service Agency. The perception of who is the employer (the sixth factor) must be regarded as a neutral consideration given the state of the record. But there can be no doubt regarding the remaining factor; i.e., the intent to create the relationship of employer and employee. The majority of the CHC panel stated as follows regarding this relationship: Finally, there is clearly the existence of an intention to create the relationship of empl...
Sample 1

Related to Employer Status

  • Employer Rights 3.1 The Employer retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this Agreement.

  • DETERMINATION OF TOP HEAVY STATUS If this Plan is the only qualified plan maintained by the Employer, the Plan is top heavy for a Plan Year if the top heavy ratio as of the Determination Date exceeds 60%. The top heavy ratio is a fraction, the numerator of which is the sum of the present value of Accrued Benefits of all Key Employees as of the Determination Date and the denominator of which is a similar sum determined for all Employees. The Advisory Committee must include in the top heavy ratio, as part of the present value of Accrued Benefits, any contribution not made as of the Determination Date but includible under Code Section 416 and the applicable Treasury regulations, and distributions made within the Determination Period. The Advisory Committee must calculate the top heavy ratio by disregarding the Accrued Benefit (and distributions, if any, of the Accrued Benefit) of any Non-Key Employee who was formerly a Key Employee, and by disregarding the Accrued Benefit (including distributions, if any, of the Accrued Benefit) of an individual who has not received credit for at least one Hour of Service with the Employer during the Determination Period. The Advisory Committee must calculate the top heavy ratio, including the extent to which it must take into account distributions, rollovers and transfers, in accordance with Code Section 416 and the regulations under that Code section. If the Employer maintains other qualified plans (including a simplified employee pension plan), or maintained another such plan which now is terminated, this Plan is top heavy only if it is part of the Required Aggregation Group, and the top heavy ratio for the Required Aggregation Group and for the Permissive Aggregation Group, if any, each exceeds 60%. The Advisory Committee will calculate the top heavy ratio in the same manner as required by the first paragraph of this Section 1.33, taking into account all plans within the Aggregation Group. To the extent the Advisory Committee must take into account distributions to a Participant, the Advisory Committee must include distributions from a terminated plan which would have been part of the Required Aggregation Group if it were in existence on the Determination Date. The Advisory Committee will calculate the present value of accrued benefits under defined benefit plans or simplified employee pension plans included within the group in accordance with the terms of those plans, Code Section 416 and the regulations under that Code section. If a Participant in a defined benefit plan is a Non-Key Employee, the Advisory Committee will determine his accrued benefit under the accrual method, if any, which is applicable uniformly to all defined benefit plans maintained by the Employer or, if there is no uniform method, in accordance with the slowest accrual rate permitted under the fractional rule accrual method described in Code Section 411(b)(1)(C). If the Employer maintains a defined benefit plan, the Employer must specify in Adoption Agreement Section 3.18 the actuarial assumptions (interest and mortality only) the Advisory Committee will use to calculate the present value of benefits from a defined benefit plan. If an aggregated plan does not have a valuation date coinciding with the Determination Date, the Advisory Committee must value the Accrued Benefits in the aggregated plan as of the most recent valuation date falling within the twelve-month period ending on the Determination Date, except as Code Section 416 and applicable Treasury regulations require for the first and second plan year of a defined benefit plan. The Advisory Committee will calculate the top heavy ratio with reference to the Determination Dates that fall within the same calendar year.

  • ERISA Status With respect to the initial advance to such Qualified Borrower only, either (i) a favorable written opinion of counsel to such Qualified Borrower, addressed to the Secured Parties, reasonably acceptable to the Administrative Agent and its counsel, regarding the status of such Qualified Borrower as an Operating Company (or a copy of such opinion addressed to the Investors, reasonably acceptable to the Administrative Agent and its counsel, together with a reliance letter with respect thereto, addressed to the Secured Parties); or (ii) a certificate, addressed to the Secured Parties, signed by a Responsible Officer of such Qualified Borrower that the underlying assets of such Qualified Borrower do not constitute Plan Assets because less than twenty five percent (25%) of the total value of each class of equity interests in such Qualified Borrower is held by “benefit plan investors” within the meaning of Section 3(42) of ERISA; and

  • Company Status The Company is a corporation duly formed and validly existing under the general laws of the State of Maryland, with all requisite power and authority to enter into this Agreement and to carry out its obligations hereunder.

  • WKSI Status (A) At the time of filing the Registration Statement, (B) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Sections 13 or 15(d) of the Exchange Act or form of prospectus), (C) at the time the Company or any person acting on its behalf (within the meaning, for this clause only, of Rule 163(c) under the Act) made any offer relating to the Shares in reliance on the exemption in Rule 163, and (D) at the Applicable Time (with such date being used as the determination date for purposes of this clause (D)), the Company was or is (as the case may be) a “well-known seasoned issuer” as defined in Rule 405.

  • Former Employer Information I agree that I will not, during my employment with the Company, improperly use or disclose any proprietary information or trade secrets of any former or concurrent employer or other person or entity and that I will not bring onto the premises of the Company any unpublished document or proprietary information belonging to any such employer, person or entity unless consented to in writing by such employer, person or entity.

  • Buyer Status The Buyer is not a "broker" or "dealer" as those terms are defined in the 1934 Act which is required to be registered with the SEC pursuant to Section 15 of the 1934 Act.

  • Plan Assets; Prohibited Transactions The Borrower is not an entity deemed to hold “plan assets” within the meaning of 29 C.F.R. § 2510.3-101 of an employee benefit plan (as defined in Section 3(3) of ERISA) which is subject to Title I of ERISA or any plan (within the meaning of Section 4975 of the Code), and neither the execution of this Agreement nor the making of Credit Extensions hereunder gives rise to a prohibited transaction within the meaning of Section 406 of ERISA or Section 4975 of the Code.

  • Not Plan Assets; No Prohibited Transactions None of the assets of the Borrower, any other Loan Party or any other Subsidiary constitutes “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder. Assuming that no Lender funds any amount payable by it hereunder with “plan assets,” as that term is defined in 29 C.F.R. 2510.3-101, the execution, delivery and performance of this Agreement and the other Loan Documents, and the extensions of credit and repayment of amounts hereunder, do not and will not constitute “prohibited transactions” under ERISA or the Internal Revenue Code.

Time is Money Join Law Insider Premium to draft better contracts faster.