Oklahoma § 59-6005 - Franchises - Employer/employee relationships

§ 59-6005. Franchises - Employer/employee relationships

A. For purposes of this act:

1. "Franchisor" means any person who grants a franchise and

participates in the franchise relationship. Unless otherwise

stated, it includes subfranchisors. For purposes of this

Oklahoma Statutes - Title 59. Professions and Occupations

definition, a "subfranchisor" means a person who functions as a

franchisor by engaging in both pre-sale activities and post-sale

performance;

2. "Franchisee" means any person who is granted a franchise;

and

3. "Franchise" means any continuing commercial relationship or

arrangement, whatever it may be called, in which the terms of the

offer or contract specify, or the franchise seller promises or

represents, orally or in writing, that:

a.

the franchisee will obtain the right to operate a

business that is identified or associated with the

franchisor's trademark, or to offer, sell or

distribute goods, services or commodities that are

identified or associated with the franchisor's

trademark,

b.

the franchisor will exert or has authority to exert a

significant degree of control over the franchisee's

method of operation, or provide significant assistance

in the franchisee's method of operation, and

c.

as a condition of obtaining or commencing operation of

the franchise, the franchisee makes a required payment

or commits to make a required payment to the

franchisor or its affiliate.

B. A franchisor shall not be considered the employer of a

franchisee or a franchisee's employees.

C. The employees of a franchisee shall not be considered

employees of the franchisor neither shall the employees of a

franchisor be considered employees of a franchisee.

Added by Laws 2016, c. 327, § 1, eff. Nov. 1, 2016.