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SENATE DOCKET, NO. 1720 FILED ON: 1/18/2013 SENATE . . . . . . . . . . . . . . No. 150
The Commonwealth of Massachusetts _________________ PRESENTED BY: Bruce E. Tarr _______________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying: An Act recognizing the independence of franchise operators. _______________ PETITION OF:
SENATE DOCKET, NO. 1720 FILED ON: 1/18/2013 SENATE . . . . . . . . . . . . . . No. 150
An Act recognizing the independence of franchise operators. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Section 148B of chapter 149 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking subsection (e) in its entirety and inserting in place thereof the following:- (e) Notwithstanding the provisions of this section, an individual who is a party to a franchise agreement under which a person or entity licenses or authorizes the individual to sell products or services in accordance with prescribed methods and procedures and under service marks, trademarks, trade names and other intellectual property licensed under such agreement shall not be considered an employee of the person or entity that grants the license or authorization. For purposes of this section, franchise shall have the meaning given to it by the Federal Trade Commission. (f) Nothing in this section shall limit the availability of other remedies at law or in equity. |
