Tex. Labor Code Section 406.146
Wrongful Inducement Prohibited

(a)

A hiring contractor may not:

(1)

wrongfully induce an employee to enter into a joint agreement under Section 406.145 (Joint Agreement) 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;

(B)

schedule work to occur in a logical sequence and to avoid delays or interference with the work of other contractors; or

(C)

schedule work to avoid disturbing neighbors during night or early morning hours or at other times when the independent contractor’s activities would unreasonably disturb activities in the neighborhood; or

(2)

stopping or directing work solely to prevent or correct an unsafe work practice or condition or to control work to ensure that the end product is in compliance with the contracted for result.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Source: Section 406.146 — Wrongful Inducement Prohibited, https://statutes.­capitol.­texas.­gov/Docs/LA/htm/LA.­406.­htm#406.­146 (accessed Apr. 20, 2024).

406.001
Definition 406.002
Coverage Generally Elective 406.003
Methods of Obtaining Coverage 406.004
Employer Notice to Division 406.005
Employer Notice to Employees 406.006
Insurance Coverage and Claim Administration Reporting Requirements 406.007
Termination of Coverage by Employer 406.008
Cancellation or Nonrenewal of Coverage by Insurance Company 406.009
Collecting and Maintaining Information 406.010
Claims Service 406.011
Austin Representative 406.012
Enforcement of Subchapter 406.031
Liability for Compensation 406.032
Exceptions 406.033
Common-law Defenses 406.034
Employee Election 406.035
Waiver of Compensation Prohibited 406.051
Security by Commercial Insurance 406.052
Effect of Other Insurance Coverage 406.053
All States Coverage 406.071
Extraterritorial Coverage 406.072
Principal Location 406.073
Agreement on Principal Location 406.074
Interjurisdictional Agreements 406.075
Effect of Compensation Paid in Other Jurisdiction 406.091
Exempt Employees 406.092
Alien Employees and Beneficiaries 406.093
Legally Incompetent Employees 406.094
Certain Persons Licensed by Texas Real Estate Commission 406.095
Certain Professional Athletes 406.096
Required Coverage for Certain Building or Construction Contractors 406.097
Executive Employees of Certain Business Entities 406.098
Volunteer Emergency Service Members and Personnel 406.121
Definitions 406.122
Status as Employee 406.123
Election to Provide Coverage 406.124
Cause of Action 406.125
Restriction of Unsafe Work Practices Unaffected 406.126
Exemption 406.127
Effect of Certain Contracts of Hire 406.141
Definitions 406.142
Application 406.143
Provision of Workers’ Compensation Insurance 406.144
Election to Provide Coverage 406.145
Joint Agreement 406.146
Wrongful Inducement Prohibited 406.161
Definitions 406.162
Scope 406.163
Liability of Labor Agent 406.164
Elective Coverage of Employer and Family Members 406.165
Not Applicable to Independent Contractors
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Accessed:
Apr. 20, 2024

§ 406.146’s source at texas​.gov