Joint Employer Liability: Notes from Australia

SAMUEL ESTREICHER, NICHOLAS SAADY

NYU law professor Samuel Estreicher and Nicholas Saady, LLM, conduct a comparative analysis of the doctrine of joint employer liability, looking at the rules adopted by the U.S. Department of Labor and National Labor Relations Board as compared to the approach Australia has taken in an analogous context, “accessorial liability” doctrine.

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Estate of Eimers

Court: California Courts of Appeal

Docket: B295609(Second Appellate District)

Opinion Date: May 18, 2020

Judge: Stratton

Areas of Law: Trusts & Estates

Where a trust beneficiary creates a will that gives away his trust shares without also specifically referring to the power of appointment as required by the trust, the court may not amend or reform that will to include a "specific reference" phrase so as to preserve the validity of the gift. The Court of Appeal held that reforming a will to conform to the testator's true intent is permissible if extrinsic evidence establishes that true intent. However, the court cannot do so in this case because reformation would achieve a work-around of the requirements of Probate Code sections 630, 631, and 632, effectively nullifying them. The court explained that these sections, taken together, do not excuse noncompliance. Therefore, the court affirmed the order sustaining the demurrer without leave to amend.