Extract to table

However, there are factual questions regarding Palomar's operational involvement—particularly concerning budget approval rights, operating-account funding mechanisms, and any reserved consent rights over key personnel decisions—that must be investigated further before a definitive conclusion can be reached

Additionally, if Palomar has approval authority over the labor budget (as discussed under Factor 2), Palomar may be deemed to exercise indirect control over the rate of payment by setting the overall labor cost parameters within which VHG must operate

The following questions must be addressed: VHG's indemnification obligation to Palomar

Even if mutual indemnification provisions exist, the scope of those provisions must be carefully analyzed

Inclusion of Verimark Shores Clearwater in the Audit Regardless of the outcome of the joint-employer analysis, the Verimark Shores Clearwater property must remain within the scope of the pre-litigation wage-and-hour audit currently being conducted by Calderwood & Harkness

Any response to the demand letter, any pre-litigation settlement discussions, and any litigation defense strategy must account for the potential inclusion of the Verimark Shores Clearwater workforce in the putative collective