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HB16-1154

Employer Definition Clarify Franchisee Status

Type Bill
Session 2016 Regular Session
Subjects
Business & Economic Development Labor & Employment

Concerning clarification of the construction of the definition of "employer" dealing with the employer-employee relationship to include a requirement that an employer must exert a level of control over an employee, and, in connection therewith, providing that a franchisor is not an employer of a franchisee or a franchisee's employees.

Bill Summary:

The bill clarifies that the definition of 'employer' only includes a person that possesses authority to control an employee's terms and conditions of employment and actually exercises that authority directly. The bill specifies that a franchisor is not considered an employer of a franchisee's employees unless a court finds that a franchisor exercises 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.

(Note: This summary applies to this bill as introduced.)

Status

Lost

Introduced

Lost

Related Documents & Information

Date Version Documents
01/25/2016 Introduced PDF
Date Version Documents
05/17/2016 FN2 PDF
02/24/2016 FN1 PDF
Activity Vote Documents
Adopt amendment L.002 (Attachment A). The motion passed on a vote of 8-3. Vote summary
Postpone House Bill 16-1154 indefinitely. The motion passed on a vote of 6-4. Vote summary
Refer House Bill 16-1154, as amended, to the Committee of the Whole. The motion failed on a vote of 5-6. Vote summary
Date Location Action
03/16/2016 House House Committee on Local Government Postpone Indefinitely
01/25/2016 House Introduced In House - Assigned to Local Government

Prime Sponsor

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