Utah Code 35A-4-203. Definition of employer — Joint employers — Franchisors
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(1) As used in this chapter “employer” means:
Terms Used In Utah Code 35A-4-203
- employer: means :(1)(a) an individual or employing unit which employs one or more individuals for some portion of a day during a calendar year, or that, as a condition for approval of this chapter for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required, under the act, to be an employer;(1)(b) an employing unit that, having become an employer under Subsection (1)(a), has not, under Sections 35A-4-303 and 35A-4-310, ceased to be an employer subject to this chapter; or(1)(c) for the effective period of its election under Subsection 35A-4-310(3), an employing unit that has elected to become fully subject to this chapter. See Utah Code 35A-4-203
- Employing unit: means :
(1)(a)(i) any individual or type of organization that has or subsequent to January 1, 1935, had one or more individuals performing services for it within the state including any:(1)(a)(i)(A) partnership;(1)(a)(i)(B) association;(1)(a)(i)(C) trust;(1)(a)(i)(D) estate;(1)(a)(i)(E) joint stock company;(1)(a)(i)(F) insurance company;(1)(a)(i)(G) limited liability company;(1)(a)(i)(H) limited liability partnership;(1)(a)(i)(I) joint venture;(1)(a)(i)(J) corporation, whether domestic or foreign;(1)(a)(i)(K) the receiver, trustee in bankruptcy, trustee or successor of any entity listed in Subsections (1)(a)(i)(A) through (J);(1)(a)(i)(L) the legal representative of a deceased person; or(1)(a)(i)(M) a tribal unit; or(1)(a)(ii) any properly and legally registered professional employer organization as defined by Section 31A-40-102. See Utah Code 35A-4-202- federal executive agency: means an executive agency, as defined in Utah Code 35A-4-203
- Franchise: means the same as that term is defined in Utah Code 35A-4-203
- Franchisee: means the same as that term is defined in Utah Code 35A-4-203
- Franchisor: means the same as that term is defined in Utah Code 35A-4-203
- Statute: A law passed by a legislature.
(1)(a) an individual or employing unit which employs one or more individuals for some portion of a day during a calendar year, or that, as a condition for approval of this chapter for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required, under the act, to be an employer;(1)(b) an employing unit that, having become an employer under Subsection (1)(a), has not, under Sections 35A-4-303 and 35A-4-310, ceased to be an employer subject to this chapter; or(1)(c) for the effective period of its election under Subsection 35A-4-310(3), an employing unit that has elected to become fully subject to this chapter.(2)(2)(a) For purposes of this Subsection (2), “federal executive agency” means an executive agency, as defined in 5 U.S.C. § 105, of the federal government.(2)(b) 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.(3)(3)(a) As used in this Subsection (3):(3)(a)(i) “Franchise” means the same as that term is defined in 16 C.F.R. § 436.1.(3)(a)(ii) “Franchisee” means the same as that term is defined in 16 C.F.R. § 436.1.(3)(a)(iii) “Franchisor” means the same as that term is defined in 16 C.F.R. § 436.1.(3)(b) For purposes of this chapter, a franchisor is not considered to be an employer of:(3)(b)(i) a franchisee; or(3)(b)(ii) a franchisee’s employee.(3)(c) With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee’s employee, this Subsection (3) 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. - Employing unit: means :