1. For purposes of this section, “franchisee” and “franchisor” mean the same as defined in section 523H.1.

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Terms Used In Iowa Code 91A.15

  • Director: means the director of the department of inspections, appeals, and licensing. See Iowa Code 91A.2
  • Employee: means a natural person who is employed in this state for wages by an employer. See Iowa Code 91A.2
  • Employer: means a person, as defined in chapter 4, who in this state employs for wages a natural person. See Iowa Code 91A.2
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
 2. For purposes of this chapter, a franchisor shall not be considered to be an employer of a franchisee or of an employee of a franchisee unless any of the following conditions apply:

 a. The franchisor has agreed in writing to be considered to be the employer of the franchisee or of the employees of the franchisee.
 b. The franchisor has been found by the director 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.