34-20-14. Determining joint employment status -- Franchisors excluded.
(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.
(2) For purposes of this chapter, a franchisor is not considered to be an employer of: a franchisee; or a franchisee's employee. With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this Subsectiondoes 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. (2)