2015 WISCONSIN ACT
203
An Act
to amend
108.065 (1e) (intro.), (a) (intro.) and (b) (intro.); and
to create
102.04 (2r), 104.015, 108.065 (1e) (c), 108.065 (4), 109.015 and 111.3205 of the statutes;
relating to:
exclusion of a franchisor as the employer of a franchisee or of an employee of a franchisee.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
102.04 (2r) of the statutes is created to read:
102.04
(2r)
For purposes of this chapter, a franchisor, as defined in
16 CFR 436.1
(k), is not considered to be an employer of a franchisee, as defined in
16 CFR 436.1
(i), or of an employee of a franchisee, unless any of the following applies:
(a) The franchisor has agreed in writing to assume that role.
(b) The franchisor has been found by the department or the division 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.
Section
2
.
104.015 of the statutes is created to read:
104.015 Franchisors excluded.
For purposes of this chapter, a franchisor, as defined in
16 CFR 436.1
(k), is not considered to be an employer of a franchisee, as defined in
16 CFR 436.1
(i), or of an employee of a franchisee, unless any of the following applies:
(1)
The franchisor has agreed in writing to assume that role.
(2)
The franchisor has been found by the department 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.
Section
3
.
108.065 (1e) (intro.), (a) (intro.) and (b) (intro.) of the statutes are amended to read:
108.065
(1e)
(intro.) Except as provided in subs. (2) and (3), if there is more than one employing unit that has a relationship to an employee, the department shall determine which of the employing units is the employer of the employee by
considering
doing
the following:
(a) (intro.)
An
Considering an
employing unit's right by contract and in fact to:
(b) (intro.)
Which
Considering which
employing unit:
Section
4
.
108.065 (1e) (c) of the statutes is created to read:
108.065
(1e)
(c) If, after the application of pars. (a) and (b), a franchisor, as defined in
16 CFR 436.1
(k), is determined to be the employer of a franchisee, as defined in
16 CFR 436.1
(i), or of an employee of a franchisee, applying sub. (4). The department shall apply sub. (4) only as provided in this paragraph.
Section
5
.
108.065 (4) of the statutes is created to read:
108.065
(4)
(a) A franchisor, as defined in
16 CFR 436.1
(k), is not considered to be an employer of a franchisee, as defined in
16 CFR 436.1
(i), or of an employee of a franchisee, unless any of the following applies:
1. The franchisor has agreed in writing to assume that role.
2. The franchisor has been found by the department 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.
(b) This subsection shall be applied only as provided in sub. (1e) (c).
Section
6
.
109.015 of the statutes is created to read:
109.015 Franchisors excluded.
For purposes of this chapter, a franchisor, as defined in
16 CFR 436.1
(k), is not considered to be an employer of a franchisee, as defined in
16 CFR 436.1
(i), or of an employee of a franchisee, unless any of the following applies:
(1)
The franchisor has agreed in writing to assume that role.
(2)
The franchisor has been found by the department 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.
Section
7
.
111.3205 of the statutes is created to read:
111.3205 Franchisors excluded.
For purposes of this subchapter, a franchisor, as defined in
16 CFR 436.1
(k), is not considered to be an employer of a franchisee, as defined in
16 CFR 436.1
(i), or of an employee of a franchisee, unless any of the following applies:
(1)
The franchisor has agreed in writing to assume that role.
(2)
The franchisor has been found by the department 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.
Section
8
.
Initial applicability.
(1)
Exclusion of franchisors as employers.
This act first applies to work performed on the effective date of this subsection.
