For purposes of this subchapter and Subchapter D,¹ the determination as to whether employees, services, or employment are the same or similar must include consideration of:

(1) the training and experience of the employees;

(2) the nature of the work; and

(3) the number of hours normally worked.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.