Texas Labor Code - Section 401.012. Definition Of Employee
Legal Research Home >
Texas Lawyer > Labor Code > Texas Labor Code - Section 401.012. Definition Of Employee
§ 401.012. DEFINITION OF EMPLOYEE. (a) In this subtitle,
"employee" means each person in the service of another under a
contract of hire, whether express or implied, or oral or written.
(b) The term "employee" includes:
(1) an employee employed in the usual course and scope
of the employer's business who is directed by the employer
temporarily to perform services outside the usual course and scope
of the employer's business;
(2) a person, other than an independent contractor or
the employee of an independent contractor, who is engaged in
construction, remodeling, or repair work for the employer at the
premises of the employer; and
(3) a person who is a trainee under the Texans Work
program established under Chapter 308.
(c) The term "employee" does not include:
(1) a master of or a seaman on a vessel engaged in
interstate or foreign commerce; or
(2) a person whose employment is not in the usual
course and scope of the employer's business.
(d) A person who is an employee for the purposes of this
subtitle and engaged in work that otherwise may be legally
performed is an employee despite:
(1) a license, permit, or certificate violation
arising under state law or municipal ordinance; or
(2) a violation of a law regulating wages, hours, or
work on Sunday.
(e) This section may not be construed to relieve from fine
or imprisonment any individual, firm, or corporation employing or
performing work or a service prohibited by a statute of this state
or a municipal ordinance.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1997, 75th Leg., ch. 456, § 6, eff. Sept. 1, 1997.
Section: 311.002 311.003 311.004 311.005 401.001 401.003 401.011 401.012 401.013 401.021 401.022 401.023 401.024 401.025 402.001
Last modified: August 10, 2007
|
