Utah Code 34-20-14. Determining joint employment status — Franchisors excluded
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(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.
Terms Used In Utah Code 34-20-14
- Employee: includes any employee unless this chapter explicitly states otherwise, and includes an individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment. See Utah Code 34-20-2
- Employer: includes a person acting in the interest of an employer, directly or indirectly, but does not include:(5)(a) the United States;(5)(b) a state or political subdivision of a state;(5)(c) a person subject to the federal Railway Labor Act;(5)(d) a labor organization, other than when acting as an employer;(5)(e) a corporation or association operating a hospital if no part of the net earnings inures to the benefit of any private shareholder or individual; or(5)(f) anyone acting in the capacity of officer or agent of a labor organization. See Utah Code 34-20-2
- Federal executive agency: means an executive agency, as defined in 5 U. See Utah Code 34-20-2
- Franchise: means the same as that term is defined in Utah Code 34-20-2
- Franchisee: means the same as that term is defined in Utah Code 34-20-2
- Franchisor: means the same as that term is defined in Utah Code 34-20-2
- Statute: A law passed by a legislature.
(2)(2)(a) For purposes of this chapter, a franchisor is not considered to be an employer of:(2)(a)(i) a franchisee; or(2)(a)(ii) a franchisee’s employee.(2)(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.