Texas Labor Code

§ 406.146 — WRONGFUL INDUCEMENT PROHIBITED

LA § 406.146Title 5. WORKERS' COMPENSATION · Part A. TEXAS WORKERS' COMPENSATION ACT · Ch. 406. WORKERS' COMPENSATION INSURANCE COVERAGE · Art. G. COVERAGE OF CERTAIN BUILDING AND CONSTRUCTION WORKERS

Statute text

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(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;

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Legislative history

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.