Section 14 – Determining joint employment status — Franchisors excluded.

• (1) For purposes of determining whether two or more persons are considered joint employers under this chapter, an administrative ruling of a federal executive agency may not be considered a generally applicable law unless that administrative ruling is determined to be generally applicable by a court of law, or adopted by statute or rule.

• (2)
  • (a) For purposes of this chapter, a franchisor is not considered to be an employer of:
    • (i) a franchisee; or
    • (ii) a franchisee’s employee.
  • (b) With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee’s employee, this Subsection (2) does not apply to a franchisor under a franchise that exercises a type or degree of control over the franchisee or the franchisee’s employee not customarily exercised by a franchisor for the purpose of protecting the franchisor’s trademarks and brand.

Enacted by Chapter 370, 2016 General Session