...superior liability are set out in § 220(2) of the Restatement (Second) of Agency. Lee v. Pulitzer Pub. Co., 81 S.W.3d 625, 631 (Mo.Ct.App...details of the work," Restatement (Second) of Agency § 220(2)(a), and the Missouri Supreme Court has frequently emphasized the importance of the "right to control the conduct of another in the...and skill in accomplishing results." Restatement (Second) of Agency § 220, comment (e); see also Skidmore v. Haggard, 341 Mo. 837, 845...

...decision, the Commission considered factors set forth in Restatement (Second) of Agency § 220 (1958). Next, Landmark appealed the Commission's order to the Franklin Circuit Court...whether an individual is an employee or independent contractor are contained in Restatement (Second) of Agency § 220(2), which are virtually identical to the factors listed in the first Restatement...of Agency. Id. at 364. Restatement (Second) of Agency § 220(2) provides: In determining whether one acting for another is a servant or an independent contractor, the following...

...contractor is a legal issue frequently litigated in a variety of contexts. The Restatement (Second) of Agency § 2(2) defines a "servant" as an agent "whose physical conduct in the performance of the service is controlled or is subject to the right to control by the master." In determining whether a person is an employee or an independent contractor, § 220 repeats...ten non-inclusive "matters of fact" to be considered. Restatement (Second) of Agency § 220(2). The Missouri appellate courts apply these standards...standard, the Supreme Court has likewise adopted a multifactor common law test derived primarily from § 220(2) of the Restatement. See Ernster v...

...be determined by reference to common-law principles. The Court in Baker referred to sections of the Restatement (Second) of Agency dealing with the borrowed-servant doctrine and the general master-servant relationship as a guideline for analysis and proper jury instructions. Section 220(1...exposition elsewhere, e. g., Restatement (Second) of Agency §§ 5(2), 220, 226, and 227 renders much of the Court's extended discussion unnecessary. But my chief problem with the Court's opinion...Restatement (Second) of Agency § 220. Many Courts of Appeals have been confronted with problems similar to those in Baker and Ward, and they too have taken a nontechnical...

...) (applying a non-exhaustive list of ten factors as set forth in the Restatement (Second) of Agency § 220(1) cmt. c (1958)). A number of cases suggest that if a majority of the seven Hale factors is...belief of the parties may be an important factor but only to the extent that it indicates an assumption of control by one party and submission to control by the other party. See Restatement (Second) of Agency § 220(2...more indicative it is of an employer/employee relationship. Restatement (Second) of Agency § 220(2) cmt. j. The length of employment here was so abbreviated that it sheds little light one way or the...

...accordingly. In Mortgage Consultants, Inc., we applied a ten-factor analysis described in the Restatement (Second) of Agency § 220 (1958...relation of master and servant; and whether the principal is or is not in business. Restatement (Second) of Agency § 220(2) (1958). We.... Applying the Factors A. Extent of Control over Details of the Work. Restatement (Second) of Agency § 220(1) (1958) defines a servant (i.e...

...(5th Cir. 1997), in addition to control, this court cited the factors listed in § 220 of the Restatement (Second) of Agency to differentiate between an employee and independent contractor under the...principal is or is not in business. RESTATEMENT (SECOND) OF AGENCY § 220 (1958). See also Rodriguez v. Sarabyn..., 129 F.3d at 765 (citing RESTATEMENT (SECOND) OF AGENCY § 220). If the government lacks the power to directly control an individual, then the court must...

.... Structural Services, Inc., 121 N.M. 657, 664, 916 P.2d 1324, 1331 (1996), we adopted the Restatement (Second) of Agency § 220 (1958...1330-31. To address this inconsistency, we adopted the approach taken in the Restatement (Second) of Agency § 220, which incorporates many factors into the calculus of employee versus independent...independent contractor, only one of which is the degree of control the principal exercises over the details of the agent's work. Restatement (Second) of Agency § 220(2) (a-j). Other considerations...

...); Khoury v. Edison Elec. Illuminating Co., 265 Mass. 236, 238 (1928); Restatement (Second) of Agency § 220 (1958). Cf...); Rep. A.G., Pub. Doc. No. 12, at 106, 107 (1980); Restatement (Second) of Agency § 220 comment i (1958). In deciding that a...Sawtelle v. Mystic Valley Gas Co., 1 Mass. App. Ct. 672, 676 (1974); Restatement (Second) of Agency § 227 comment b (1958). We conclude...

...whether a person is an employee or independent contractor under the common law of agency, the totality of the working relationship is examined. The Restatement provides a nonexhaustive list of factors for consideration. See Restatement (Second) of Agency § 220(2..., 109 S.Ct. 2166, 2178-79, 104 L.Ed.2d 811 (1989)) (citing Restatement (Second) of Agency § 220(2...summarized the common-law test as follows: "In determining whether a hired party is an employee under the general common law of agency, we consider the hiring...

...Reid, we construe the term to incorporate "the general common law of agency, rather than . . . the law of any particular state." Community for Creative Non-Violence v. Reid, 490 U.S. 730, 740 (1989). Cf. Restatement (Second) of Agency § 220(2..."most probably would not qualify as an employee" under traditional agency law principles, the Court of Appeals reversed, finding the traditional definition inconsistent with ERISA's policy and purposes..."employee," and the Court of Appeals affirmed. Held: 1. The term "employee," as used in ERISA, incorporates traditional agency law criteria for...

...(Second) of Agency § 220(2), p. 489 (1957); § 227, pp. 500, 501; 99 C.J.S. Workmen's Compensation § 47, p. 243. The evidence does not indicate that there was acceptance of.... United States Court of Appeals, Fifth Circuit. June 23, 1969.... AINSWORTH, Circuit Judge: In this maritime personal injury suit, the principal question at issue is whether or not an injured employee was a borrowed servant at the time of his...

...." We have employed the Restatement (Second) of Agency § 220(2) (1958) factors defining a servant to determine the nature of the relationship between a worker and an employer...of comment c to the Restatement (Second) of Agency § 220 to describe the degree of control required under Restatement (Second) of Agency § 220(2)(a) to impose vicarious liability.... See Sterud, 640 P.2d at 826 (quoting Restatement (Second) of Agency § 220(1...

...exists, it is of no consequence that the employee is designated as a[n] . . . independent contractor"); Restatement (Second) of Agency § 220 comment m (1958) ("[i]t is not determinative that the...(1978) (degree of control or supervision is principal element differentiating employees and independent contractors at common law); Restatement (Second) of Agency § 220(1) (1958) (defining employee..., appellant worked as an employee during the first year of her service to IAM. Restatement (Second) of Agency § 220(2) (1958) lists...

...forth in RESTATEMENT (SECOND) OF AGENCY § 220 (1958). Noting that the control factor has been overemphasized in judicial reasoning, we concluded that our concern will usually be "whether on all the...order on the motion for summary judgment in which consideration was given to each of the criteria set forth in the RESTATEMENT (SECOND) OF AGENCY § 220. Particularly, the judge found that although the...the activity giving rise to the claim is performed with hope or expectation of reward. The plaintiffs rely upon RESTATEMENT (SECOND) OF AGENCY § 225, which states: "One who...

...Community for Creative Non-Violence v. Reid, 490 U.S. 730, 751-752 (1989), and citing Restatement (Second) of Agency § 220(2...the relevant factors defining the master-servant relationship focus on the master's control over the servant. The general definition of the term "servant" in the Restatement (Second) of Agency § 2(2) (1957), for example, refers to a person whose work is "controlled or is subject to the right to control by the master." See also id., § 220(1...control by the master." Restatement (Second) of Agency § 2(2) (1957) (hereinafter Restatement). When acting as clinic doctors, the physician-shareholders appear to fit the Restatement definition. The...

.... See DeWitt v. Harris County, 904 S.W.2d 650, 654 (Tex. 1995); RESTATEMENT (SECOND) OF AGENCY § 219 (1958). The most frequently proffered justification for imposing such liability is that the principal or employer has the right to control the means and methods of the agent or employee's work. See Newspapers, Inc. v. Love, 380 S.W.2d 582, 585-86 (Tex. 1964); RESTATEMENT (SECOND) OF AGENCY § 220, cmt...reliance and resulting harm. See Ames v. Great S. Bank, 672 S.W.2d 447, 450 (Tex. 1984); RESTATEMENT (SECOND) OF AGENCY § 267; KEETON ET...: agency by estoppel (referred to in this opinion as ostensible agency), based on the Restatement (Second) of Agency section 267, and apparent agency, based on the Restatement (Second) of Torts section...

...nonexhaustive list of factors from the Restatement (Second) of Agency § 220(2) (1958): In determining whether a hired party is an employee under the general..., 104 L.Ed.2d 811 (1989) (citing Restatement (Second) of Agency § 220(2) (1958))). "In weighing these factors, `all...Wilde v. County of Kandiyohi, 15 F.3d 103, 106 (8th Cir. 1994)). Restatement (Second) Agency § 220, comment h provides: The relation of master...

...agency that Reid seeks to synthesize. See generally RESTATEMENT (SECOND) OF AGENCY § 220 cmt. h (1958) (describing factors, some of which are not enumerated in Reid...of the manner in which his work is to be done"); see also RESTATEMENT (SECOND) OF AGENCY § 220(1) cmt. d (1958) (stating that "control or right to control the physical conduct of the person...Restatement (Second) "are merely evidentiary indicia of the right to control"). Although Frankel was an Americans with...