Wisconsin Statutes 109.015 – Franchisors excluded
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For purposes of this chapter, a franchisor, as defined in 16 C.F.R. 436.1 (k), is not considered to be an employer of a franchisee, as defined in 16 C.F.R. 436.1 (i), or of an employee of a franchisee, unless any of the following applies:
Terms Used In Wisconsin Statutes 109.015
- Department: means the department of workforce development. See Wisconsin Statutes 109.01
- Employee: means any person employed by an employer, except that "employee" does not include an officer or director of a corporation, a member or manager of a limited liability company, a partner of a partnership or a joint venture, the owner of a sole proprietorship, an independent contractor or person otherwise excluded under…. See Wisconsin Statutes 109.01
- employer: means any person engaged in any activity, enterprise or business employing one or more persons within the state, including the state and its political subdivisions and charitable, nonprofit or tax-exempt organizations and institutions. See Wisconsin Statutes 109.01
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- in writing: includes any representation of words, letters, symbols or figures. See Wisconsin Statutes 990.01
(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.