Texas Labor Code § 62.006. Franchisors Excluded

(a) In this section, “franchisee” and “franchisor” have the meanings assigned by 16 C.F.R. Section 436.1 .

(b) For purposes of this chapter, a franchisor is not considered to be an employer of:

(1) a franchisee;  or

(2) a franchisee's employees.

(c) With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this section does not apply to a franchisor who has been found by a court of competent jurisdiction in this state to have exercised a type or degree of control over the franchisee or the franchisee's employees not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.


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