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" ... The proposed revised rule would also focus on the actual exercise of control, rather than potential (or reserved) but unexercised control. The proposed test would limit joint-employer liability to circumstances where a company actually exercises direct or indirect control over a worker’s terms and conditions of employment. Unlike tests currently used by a number of courts, the proposed test would not consider the purported joint employer’s “theoretical” power to control employees. Similarly, whether an employee is “economically dependent” on a potential joint employer would also be irrelevant under the proposed rule. ... "