34-20-14. Determining joint employment status -- Franchisors excluded.
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/ut/title-34/chapter-20/34-20-14·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/10/2016
34-20-14. Determining joint employment status -- Franchisors excluded.
(1)For purposes of determining whether two or more persons are considered joint employers under this chapter, an administrative ruling of a federal executive agency may not be considered a generally applicable law unless that administrative ruling is determined to be generally applicable by a court of law, or adopted by statute or rule.
(a)For purposes of this chapter, a franchisor is not considered to be an employer of:
(i)a franchisee; or
(ii)a franchisee's employee.
(b)With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this Subsection
(2)does not apply to a franchisor under a franchise that exercises a type or degree of control over the franchisee or the franchisee's employee not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.
Enacted by Chapter 370 , 2016 General Session