Texas Labor Code - Section 406.146. Wrongful Inducement Prohibited
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Texas Lawyer > Labor Code > Texas Labor Code - Section 406.146. Wrongful Inducement Prohibited
§ 406.146. WRONGFUL INDUCEMENT PROHIBITED. (a) A hiring
contractor may not:
(1) wrongfully induce an employee to enter into a
joint agreement under Section 406.145 stating that the employee is
an independent contractor; or
(2) exert controls over an independent contractor or
an employee of an independent contractor sufficient to make that
person an employee under common-law tests.
(b) A hiring contractor does not exert employer-like
controls over an independent contractor or an independent
contractor's employee solely because of:
(1) controlling the hours of labor, if that control is
exercised only to:
(A) establish the deadline for the completion of
the work called for by the contract;
(B) schedule work to occur in a logical sequence
and to avoid delays or interference with the work of other
contractors; or
(C) schedule work to avoid disturbing neighbors
during night or early morning hours or at other times when the
independent contractor's activities would unreasonably disturb
activities in the neighborhood; or
(2) stopping or directing work solely to prevent or
correct an unsafe work practice or condition or to control work to
ensure that the end product is in compliance with the contracted for
result.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
Section: 406.126 406.127 406.141 406.142 406.143 406.144 406.145 406.146 406.161 406.162 406.163 406.164 406.165 407.001 407.023
Last modified: August 10, 2007
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