Section 111.3205 - Franchisors excluded For purposes of this subchapter, 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.Added by Acts 2015 ch, 203,s 7, eff. 3/3/2016.