Search Results for: special employer

special relationship

A nonfiduciary relationship having an element of trust, arising esp. when one person trusts another to exercise a reasonable degree of care and the other knows or ought to know about the reliance. Cf. fiduciary relationship. [Cases: Master and Servant 30(1.15); Torts 12. C.J.S. Employer–Employee Relationship § 60; Torts §§ 54, 59–65.]

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employer

employer. A person who controls and directs a worker under an express or implied contract of hire and who pays the worker’s salary or wages. Cf. PRINCIPAL(1). [Cases: Master and Servant 1. C.J.S. Apprentices §§ 2, 11; Employer–Employee Relationship §§ 2–3, 6–12.] equal-opportunity employer. An employer who agrees not to discriminate against any job applicant

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special hazard rule

special-hazard rule. The principle that an employee is covered by workers’ compensation for injuries received while traveling to or from work if the route used contains unique risks or hazards and is not ordinarily used by the public except in dealing with the employer. • This is an exception to the general rule that an

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borrowed employee

An employee whose services are, with the employee’s consent, lent to another employer who temporarily assumes control over the employee’s work. • Under the doctrine of respondeat superior, the borrowing employer is vicariously liable for the employee’s acts. But the employer may also be entitled to assert immunity under workers’-compensation laws. — Also termed borrowed

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work for hire

A copyrightable work produced either by an employee within the scope of employment or by an independent contractor under a written agreement; esp., a work specially ordered or commissioned for use as (1) a contribution to a collective work, (2) a translation, (3) a supplementary work, (4) a part of a movie or other audiovisual

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fellow servant

fellow servant. A coworker having the same employer; esp., an employee who is so closely related to another employee’s work that there is a special risk of harm if either one is negligent. See FELLOW-SERVANT RULE; DIFFERENT-DEPARTMENT RULE E. superior fellow servant. A worker that has the power of control or direction over a coworker.

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