Franchisors excluded.

For purposes of this chapter, a franchisor, as defined in 16 CFR 436.1 (k) , is not considered to be an employer of a franchisee, as defined in 16 CFR 436.1 (i) , or of an employee of a franchisee, unless any of the following applies: (1) The franchisor has agreed in writing to assume that role. (2) The franchisor has been found by the department to have exercised a type or degree of control over the franchisee or the franchisee’s employees that is not customarily exercised by a franchisor for the purpose of protecting the franchisor’s trademarks and brand. History: 2015 a. 203 .