For purposes of this subchapter, 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:

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Terms Used In Wisconsin Statutes 111.3205

   (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.