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.
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