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RULE §817.2Definitions

The following words and terms, when used in this chapter or in Texas Labor Code, Chapter 51, shall have the following meanings.

  (1) Applicant--A child or the child's parent, legal guardian, legal custodian, or prospective employer.

  (2) Business or enterprise operated by a parent or custodian--A business or enterprise in which a parent or custodian exerts active direct control over the entire operation of the business or enterprise by making day-to-day decisions affecting basic income and work assignments, hiring and firing employees, and exercising direct supervision of the work.

  (3) Business or enterprise owned by a parent or custodian--A business or enterprise owned by a parent or custodian as a sole proprietor, a partner in a partnership, or an officer or member of a corporation.

  (4) Casual employment--Employment that is irregular or intermittent and not on a scheduled basis.

  (5) Child--An individual under 18 years of age.

  (6) Child actor--A child under the age of 14 who is to be employed as an actor or other performer.

  (7) Child actor extra--A child under the age of 14 who is employed as an extra without any speaking, singing, or dancing roles, usually in the background of the performance.

  (8) Direct supervision of the parent or custodian--A child is employed under the direct supervision of a parent or custodian when the parent or custodian controls, directs, and supervises all activities of the child.

  (9) Employee--An individual who is employed by an employer for compensation.

  (10) Employer--An entity who employs one or more employees or acts directly or indirectly in the interests of an employer in relation to an employee.

  (11) Employment--Any service, including service in interstate commerce, that is performed for compensation or under a contract of hire, whether written, oral, express, or implied.

  (12) Executive director--The executive director of the Texas Workforce Commission or the executive director's designee.

  (13) Private school--As set forth in Texas Education Code, Chapter 5, a school that offers a course of instruction for students in one or more grades from prekindergarten through grade 12, and is not operated by a governmental entity.

Source Note: The provisions of this §817.2 adopted to be effective January 12, 1998, 23 TexReg 150; amended to be effective August 11, 2014, 39 TexReg 6065

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