control and direction test
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 276 U.S. 28 - Linstead v. Chesapeake & Ohio Railway Co. · 1928Most cited · 44 citing opinions
To determine whether a given case falls within the one class or the other we must inquire whose is the work being performed, a question which is usually answered by ascertaining who has the power to control and direct the servants in the performance of their work. Here we must carefully distinguish between authoritative direction and control, and mere suggestion as to details or the necessary cooperation, where the work furnished is part of a larger undertaking.
How often courts cite the case defining “control and direction test”
Court decisions citing the opinion that defined “control and direction test” — 181 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.