Ron Lykins, Inc. - Page 8

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          element of control the “principal guidepost”).                              
               So, in the absence of a different definition in either the             
          statute or the regulation, we think that the answer to the                  
          question “Which workers were Lykins Inc.’s employees?” should be            
          found by applying common law principles.  At common law, the key            
          criterion is one of control--an employer is one with the right to           
          control the manner and means by which an employee does his                  
          chores.  See Rev. Rul. 87-41, 1987-1 C.B. 296.  And the common              
          law recognizes that “a person may be the servant of two masters             
          * * * at one time as to one act, if the service to one does not             
          involve the abandonment of the service to the other.”                       
          2 Restatement Agency 2d, sec. 226 (1958).  There is even an                 
          “inference” (by which the Restatement seems to mean a rebuttable            
          presumption) that “the actor remains in his general employment so           
          long as, by the service rendered another, he is performing the              
          business entrusted to him by the general employer.  There is no             
          inference that because the general employer has permitted a                 
          division of control, he has surrendered it.”  Id. sec. 227,                 
          comment b.                                                                  
               This presumption of continued employment and this                      
          recognition that in law--if not in life, see Matthew 6:24--a man            
          can serve two masters, speak directly to this case.  Lykins’s               
          testimony (which we specifically find credible on this point) and           
          the exhibits he introduced, reinforce rather than rebut the                 






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