Status of Leased Employees. (a) Leased Employees providing services to Spinco under this Agreement shall at all times during the Term remain employees of GGP solely for purposes of payroll, employment taxes, employee benefits, workers compensation and related obligations. Spinco shall have the right to have GGP remove any Leased Employee as a service provider to Spinco. GGP shall have the ultimate authority to make all termination decisions; provided, however, that GGP may only terminate a Leased Employee (i) at the request of Spinco or (ii) as determined by GGP in good faith. GGP shall also have the ultimate authority to make all hiring decisions, but GGP shall make all reasonable efforts to accommodate Spinco’s needs and desires in operating its business.
Status of Leased Employees. It is the intention of the Parties that during the SOW Term the Leased Employees be treated as employees of DHS for all applicable requirements under federal, state and local laws, and that the Leased Employees not be common law employees of DHSC for any purpose. DHS shall be responsible for all training, supervision and oversight of the Leased Employees and shall control the general scope, manner and method of activities that the Leased Employees perform. As the employer, DHS shall retain all rights and ultimate discretion in terms of the employment, termination, demotion, promotion, transfer, compensation, layoff, and any other decision as to the terms, conditions, and privileges of the Leased Employees’ employment relationship with DHS, and DHS shall be solely responsible for all aspects of the administration of its employment relationship with the Leased Employees, including, without limitation, the review of employment applications, interviews, employee screening, background checks, work authorization verification, wage and tax classification, wage payment, workplace investigations, the administration of leave and accommodation requests, and employee recordkeeping; provided, however, that the foregoing shall not be construed to limit DHSC’s rights with respect to input, removal, or other matters relating to assignment of the Leased Employees as provided in this SOW. DHSC shall not be responsible for any compensation or employee benefits provided to the Leased Employees or any employment-related withholdings or employment taxes related to the Leased Employees (except with respect to DHSC’s obligation to reimburse DHS for costs related to the Leased Employees as provided in this SOW).
Status of Leased Employees. It is the intention of the Parties that during the Term, the Employees shall be treated as employees of Lessor for all applicable requirements under applicable Law, and that the Employees not be employees of Lessee. Lessor shall be responsible for maintaining payroll records, employment eligibility forms, personnel files, medical files, workers’ compensation records, unemployment compensation records, and other documents pertaining to the Employees in accordance with applicable law.
Status of Leased Employees. Leased Employees providing services to Purchaser under this Section 5.2 shall at all times during the Employee Leasing Term remain employees of the Partnership. Purchaser shall have the right to request that the Partnership remove any Leased Employee as a service provider to the Purchaser. The Partnership shall have the ultimate authority to make all hiring and termination decisions with respect to the Leased Employees; provided, that the Partnership shall make reasonable efforts to accommodate Purchaser’s needs and desires in operating the Business. The Partnership shall retain the sole and exclusive right to select, evaluate, hire, promote, discipline and terminate all Leased Employees.
Status of Leased Employees. Subject to Section 6.05(a) of the Purchase Agreement, during the Leasing Period (a) all Leased Employees providing services to MDx under this Agreement shall remain at-will employees of GHI, (b) GHI shall with respect to the Leased Employees be responsible for maintaining payroll, compensating Leased Employees, fulfilling all payroll tax and benefit withholding, depositing and reporting obligations, and operating and administering all Employee Benefit Plans, and (c) GHI shall maintain all necessary personnel administration records for the Leased Employees. Subject to Section 6.05(c) of the Purchase Agreement, MDx shall maintain any required coverage under any statutory workers’ compensation scheme on the Leased Employees, sufficient to comply with all applicable Laws. MDx shall take all necessary steps to maintain GHI as an additional insured covered by any such workers’ compensation insurance policy and shall include an endorsement, and promptly provide a copy of such endorsement in writing to GHI, to any such workers’ compensation insurance policy that explicitly provides that MDx is obligated to maintain workers’ compensation and employer liability insurance on the Leased Employees, during the Leasing Period. Effective as of the expiration of the Leasing Period, GHI shall take such actions necessary to terminate the employment of all Leased Employees who are then employed by GHI as of immediately prior to the Employment Commencement Date and the Leased Employees shall be offered employment by MDx in accordance with the terms of the Purchase Agreement, effective as of the Employment Commencement Date.
Status of Leased Employees. The parties intend that no Leased Employee will be deemed for any purpose to be an agent, servant, employee, or independent contractor of MDIA or any of its Affiliates during the Term, and the Leased Employees will not be entitled to participate in or receive any benefit or right as an employee or independent contractor or participant or beneficiary under any of MDIA’s (or any of its Affiliates’) employee benefit plans as a result of or in connection with the provision of the Services. Moreover, nothing in this Agreement is intended or shall create or evidence any employment or joint employment relationship between MDIA and the Leased Employees.
