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 Feb. 22, 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

Accessed:
Feb. 22, 2024

§ 406.146’s source at texas​.gov