Sec. 401.012. DEFINITION OF EMPLOYEE. (a) In this subtitle, "employee" means each person in the service of another under a contract of hire, whether express or implied, or oral or written.
(b) The term "employee" includes:
(1) an employee employed in the usual course and scope of the employer's business who is directed by the employer temporarily to perform services outside the usual course and scope of the employer's business;
(2) a person, other than an independent contractor or the employee of an independent contractor, who is engaged in construction, remodeling, or repair work for the employer at the premises of the employer; and
(3) a person who is a trainee under the Texans Work program established under Chapter 308.
(c) The term "employee" does not include:
(1) a master of or a seaman on a vessel engaged in interstate or foreign commerce; or
(2) a person whose employment is not in the usual course and scope of the employer's business.
(d) A person who is an employee for the purposes of this subtitle and engaged in work that otherwise may be legally performed is an employee despite:
(1) a license, permit, or certificate violation arising under state law or municipal ordinance; or
(2) a violation of a law regulating wages, hours, or work on Sunday.
(e) This section may not be construed to relieve from fine or imprisonment any individual, firm, or corporation employing or performing work or a service prohibited by a statute of this state or a municipal ordinance.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 456, Sec. 6, eff. Sept. 1, 1997.
Notes of Decisions
Texas Mexican Ry. Co. v. Bouchet, 963 S.W.2d 52 (Tex. 1998).
· cites it 2× “TEX. LAB.CODE § 401.012(a). [3] The current Workers' Compensation Act contains similar provisions limiting the common-law defenses available to nonsubscribers and establishing the employee's burden of proof.”
Raynor v. Moores Mach. Shop, LLC, 359 S.W.3d 905 (Tex. App. 2012).
· cites it 2× “” Tex. Labor Code § 401.012(a). This definition includes “a person, other than an independent contractor or the employee of an independent contractor, who is engaged in construction, remodeling, or repair work for the employer at the premises of the employer.”
Maxim Crane Works, L.P. v. Zurich Am. Ins. Co., 392 F. Supp. 3d 731 (S.D. Tex. 2019).
· cites it 2× “" TEX. LAB. CODE § 401.012. An employee is a "person in the service of another under a contract for hire, whether express or implied, or oral or written," and includes: (1) an employee employed in the usual course and scope of the employer's business who is directed by the…”
Etie v. Walsh & Albert Co., Ltd., 135 S.W.3d 764 (Tex. App. 2004).
“See Tex. Lab.Code Ann. § 401.012(b)(2) (an employee is “a person other than an independent contractor or the employee of an independent contractor, who is engaged in construction, remodeling, or repair work for the employer at the premises of the employer.”
Lozano v. H.D. Indus., Inc., 953 S.W.2d 304 (Tex. App. 1997).
“, Tex.Lab.Code Ann. § 401.012. Charge Error The more general question—whether the trial court erred by including the City in the question assigning negligence and percentages of responsibility to the parties—poses a more difficult question still.”
TIC Energy & Chem., Inc. v. Kevin Bradford Martin, 488 S.W.3d 344 (Tex. App. 2015).
“contemplates that independent contractors may, in certain circumstances, be considered ‘employees’ despite not meeting the definition of an ‘employee’ in section 401.012(b)(2).’ ” Id. The court held that “the provision of workers’ compensation insurance transforms an independent…”
Vasquez v. Ritchey, 973 S.W.2d 406 (Tex. App. 1998).
“The definition of "employee” for worker's compensation purposes is currently found at Tex. Labor Code Ann. § 401.012 (Vernon 1996 & Supp.”
Scott v. Amec Kamtech, Inc., 583 F. Supp. 2d 912 (E.D. Tenn. 2008).
“Tex. Labor Code Ann. § 406.002 . The question of whether an employer is covered under the statute depends on whether it has employees, as defined by the statute.”
— Tex. Lab. Code § 401.012(a) — 14 cases
Texas Mexican Ry. Co. v. Bouchet, 963 S.W.2d 52 (Tex. 1998).
“TEX. LAB.CODE § 401.012(a). [3] The current Workers' Compensation Act contains similar provisions limiting the common-law defenses available to nonsubscribers and establishing the employee's burden of proof.”
Raynor v. Moores Mach. Shop, LLC, 359 S.W.3d 905 (Tex. App. 2012).
“” Tex. Labor Code § 401.012(a). This definition includes “a person, other than an independent contractor or the employee of an independent contractor, who is engaged in construction, remodeling, or repair work for the employer at the premises of the employer.”
— Tex. Lab. Code § 401.012(b)(1) — 1 case
— Tex. Lab. Code § 401.012(b)(2) — 4 cases
Etie v. Walsh & Albert Co., Ltd., 135 S.W.3d 764 (Tex. App. 2004).
“See Tex. Lab.Code Ann. § 401.012(b)(2) (an employee is “a person other than an independent contractor or the employee of an independent contractor, who is engaged in construction, remodeling, or repair work for the employer at the premises of the employer.”
Raynor v. Moores Mach. Shop, LLC, 359 S.W.3d 905 (Tex. App. 2012).
“” Tex. Labor Code § 401.012(a). This definition includes “a person, other than an independent contractor or the employee of an independent contractor, who is engaged in construction, remodeling, or repair work for the employer at the premises of the employer.”
TIC Energy & Chem., Inc. v. Kevin Bradford Martin, 488 S.W.3d 344 (Tex. App. 2015).
“contemplates that independent contractors may, in certain circumstances, be considered ‘employees’ despite not meeting the definition of an ‘employee’ in section 401.012(b)(2).’ ” Id. The court held that “the provision of workers’ compensation insurance transforms an independent…”
— Tex. Lab. Code § 401.012(c)(2) — 1 case
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