Manvel, TX asked in Employment Law for Texas

Q: What to know what does this mean in layman’s terms Sec. 201.046. EMPLOYMENT TO ASSIST EMPLOYEE OR AGENT.

Sec. 201.046.

EMPLOYMENT TO ASSIST EMPLOYEE OR AGENT.

(a)

An individual employed to perform or to assist in performing the work of an employee or agent of an employing unit is employed by that employing unit for purposes of this subtitle if the employing unit has actual or constructive knowledge of the work.

(b)

Subsection (a) applies without regard to whether the individual is hired or paid directly by the employing unit or by the employee or agent.

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

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: The best way of explaining may be the following example:

A plumbing company hires a plumber as an employee, and with the company's knowledge, the plumber hires a helper to assist him by doing the digging necessary to unbury the pipes so that the plumber can fix them. For purposes of unemployment benefits, the helper is treated as an employee of the plumbing company whether he is paid directly by the company or directly by the plumber.

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