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1 | 1 | ||
2 | 2 | FIRST REGULAR SESSION | |
3 | 3 | SENATE BILL NO. 320 | |
4 | 4 | 103RD GENERAL ASSEMBLY | |
5 | 5 | INTRODUCED BY SENATOR SCHROER. | |
6 | 6 | 0702S.01I KRISTINA MARTIN, Secretary | |
7 | 7 | AN ACT | |
8 | 8 | To amend chapter 285, RSMo, by adding thereto one new section relating to the employer- | |
9 | 9 | employee relationship. | |
10 | 10 | ||
11 | 11 | Be it enacted by the General Assembly of the State of Missouri, as follows: | |
12 | 12 | Section A. Chapter 285, RSMo, is amended by adding thereto 1 | |
13 | 13 | one new section, to be known as section 285.075, to read as 2 | |
14 | 14 | follows:3 | |
15 | 15 | 285.075. 1. Notwithstanding any voluntary agreement 1 | |
16 | 16 | entered into between the United States Department of Labor 2 | |
17 | 17 | and a franchisee or a franchisor, neither a franchisee nor a 3 | |
18 | 18 | franchisee's employee shall be deemed to be an employee of 4 | |
19 | 19 | the franchisor for any purpose, unless the franchisor 5 | |
20 | 20 | exercises direct and immediate control over the hiring, 6 | |
21 | 21 | termination, discipline, and direction of the franchisee's 7 | |
22 | 22 | employees. 8 | |
23 | 23 | 2. For purposes of this section, the terms 9 | |
24 | 24 | "franchisee" and "franchisor" shall have the same meaning as 10 | |
25 | 25 | in 16 CFR 436.1. 11 | |
26 | 26 | |