Working Group on Chapter 1 of the Proposed Restatement of Employment Law: Existence of Employment Relationship

Abstract

This article presents a critique of chapter 1 of the Proposed Restatement of Employment Law. The critique is organized to follow the organization of the proposed Restatement, which begins with a provision of black letter law, a series of comments and illustrations explaining the meaning and application of the black letter law, and the reporters’ notes providing support for the black letter law and the commentary. This critique will follow that structure, with each part focusing on a section of the chapter: the introductory note; section 1.01; section 1.02; section 1.03; and section 1.04. The subdivisions of the parts will, likewise, generally follow the subdivisions of the sections in the chapter, although sometimes a critique of the reporters’ notes will be its own subpart, and sometimes it will be discussed in the subsections analyzing the comments.

Keywords: Employment Law, Restatement of Employment Law