control and direction test
Defined in 1 dictionary — Case Law
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.