Employ / Employee / Employment

Comprehending laws and contracts is impossible, unless we first learn the meaning of the words and phrases they contain.

Moderator: notmartha

Post Reply
User avatar
notmartha
Posts: 896
Joined: Mon Jul 22, 2013 1:16 pm

Employ / Employee / Employment

Post by notmartha »

KJV References

Bôʾ, Hebrew Strong's #935, is used 2577 times in the Old Testament. It is translated as come (1435), bring (487), in (233), enter (125), go (123), carry (17), down (23), pass (13), out (12), miscellaneous translations (109). It is translated as “employ” in the following verse:
Deuteronomy 20:19 - When thou shalt besiege a city a long time, in making war against it to take it, thou shalt not destroy the trees thereof by forcing an axe against them: for thou mayest eat of them, and thou shalt not cut them down (for the tree of the field is man's life) to employ them in the siege:
Melāʾkâ, Hebrew Strong's #4399, is used 167 times in the Old Testament. It us translated as work (129), business (12), workmen + <H6213> (7), workmanship (5), goods (2), cattle (1), stuff (1), thing (1), miscellaneous translations (9). It is translated as “employed” in the following verse:
1 Chronicles 9:33 - And these are the singers, chief of the fathers of the Levites, who remaining in the chambers were free: for they were employed in that work day and night.
ʿĀmad. Hebrew Strong's #5975, is used 521 times in the Old Testament. It is translated as stood (171), stand (137), (raise / stand...) up (42), set (32), stay (17), still (15), appointed (10), standing (10), endure (8), remain (8), present (7), continue (6), withstand (6), waited (5), establish (5), miscellaneous translations (42). It is translated as “employed” in the following verse:
Ezra 10:15 - Only Jonathan the son of Asahel and Jahaziah the son of Tikvah were employed about this matter: and Meshullam and Shabbethai the Levite helped them.
Definitions

Webster’s Dictionary of the English Language, 1828
EMPLOY', verb transitive [Latin plico.]

1. To occupy the time, attention and labor of; to keep busy, or at work; to use. We employ our hands in labor; we employ our heads or faculties in study or thought; the attention is employed, when the mind is fixed or occupied upon an object; we employ time, when we devote it to an object. A portion of time should be daily employed in reading the scriptures, meditation and prayer; a great portion of life is employed to little profit or to very bad purposes.

2. To use as an instrument or means. We employ pens in writing, and arithmetic in keeping accounts. We employ medicines in curing diseases.

3. To use as materials in forming any thing. We employ timber, stones or bricks, in building; we employ wool, linen and cotton, in making cloth.

4. To engage in one's service; to use as an agent or substitute in transacting business; to commission and entrust with the management of one's affairs. The president employed an envoy to negotiate a treaty. Kings and States employ embassadors at foreign courts.

5. To occupy; to use; to apply or devote to an object; to pass in business; as, to employ time; to employ an hour, a day or a week; to employ one's life.
To employ one's self, is to apply or devote one's time and attention; to busy one's self.

EMPLOY', noun That which engages the mind, or occupies the time and labor of a person; business; object of study or industry; employment.
Present to grasp, and future still to find,
The whole employ of body and of mind.

1. Occupation, as art, mystery, trade, profession.

2. Public office; agency; service for another.

EMPLOY'ER, noun One who employs; one who uses; one who engages or keeps in service.

EMPLOY'MENT, noun The act of employing or using.

1. Occupation; business; that which engages the head or hands; as agricultural employments; mechanical employments. Men, whose employment is to make sport and amusement for others, are always despised.

2. Office; public business or trust; agency or service for another or for the public. The secretary of the treasury has a laborious and responsible employment He is in the employment of government.
Bouvier’s Dictionary of Law, 1856
EMPLOYED.

1. One who is in the service of another. Such a person is entitled to rights and liable to perform certain duties.

2. He is entitled to a just compensation for his services; when there has been a special contract, to what has been agreed upon; when not, to such just recompense as he deserves.

3. He is bound to perform the services for which he has engaged himself; and for a violation of his engagement he may be sued, but he is not liable to corporal correction. An exception to this rule may be mentioned; on the ground of necessity, a sailor may be punished by reasonable correction, when it is necessary for the safety of the vessel, and to maintain discipline.

EMPLOYEE. One who is authorized to act for another; a mandatory.

EMPLOYMENT.

1. An employment is an office; as, the secretary of the treasury has a laborious and responsible employment; an agency, as, the employment of an auctioneer; it signifies also the act by which one is engaged to do something. 2 Mart. N. S. 672; 2 Harr. Cond. Lo. R. 778.

2. The employment of a printer to publish the laws of the United States, is not an office. 17 S. & R. 219, 223. See Appointment.

EMPLOYER.

1. One who has engaged or hired the services of another. He is entitled to rights and bound to perform duties.

2. 1. His rights are, to be served according to the terms of the contract. 2. He has a right against third persons for an injury to the person employed, or for harboring him, so as to deprive the employer of his services. 2 Bouv. Inst. n. 2295.

3. His duties are to pay the workman the compensation agreed upon, or if there be no special agreement, such just recompense as he deserves. Vid
Black's Law Dictionary, 1st Edition, 1891
employ blacks 1 pt 1.JPG
employ blacks 1 pt 1.JPG (26.37 KiB) Viewed 15317 times
employed blacks 1 pt 2.JPG
employed blacks 1 pt 2.JPG (88.65 KiB) Viewed 15317 times

Nolo’s Plain-English Law Dictionary
Employer

The person or entity that hires someone (an employee) to do work for compensation and has the right to control how the employee does the job.

Employment

Employment law is a broad area encompassing all areas of the employer/employee relationship except the negotiation process covered by labor law and collective bargaining. See, Labor Law & Collective Bargaining and Arbitration. Employment law consists of thousands of Federal and state statutes, administrative regulations, and judicial decisions. Many employment laws (e.g., minimum wage regulations) were enacted as protective labor legislation. Other employment laws take the form of public insurance, such as unemployment compensation.
Quotations

Justice Theophilus Parsons:
If a juror accepts as the law that which the judge states, then the juror has accepted the exercise of absolute authority of a government employee and has surrendered a power and right that once was the citizen's safeguard of liberty.
David M. Potter:
The American notion of freedom transcended the political realm and in fact extended to every major category of human relationships, including those between employer and employee, clergyman and layman, husband and wife, parent and child, public official and citizen. Americans believed that, as of July 4, 1776, all men were created equal, and that any impairment of a man’s equality was destructive of his liberty also.
Hubert H. Humphrey:
If [anyone] can find in Title VII ... any language which provides that an employer will have to hire on the basis of percentage or quota related to color, race, religion, or national origin, I will start eating the pages one after another, because it is not in there.
Friedrich August von Hayek:
[T]he power which a multiple millionaire, who may be my neighbor and perhaps my employer, has over me is very much less than that which the smallest fonctionaire possesses who wields the coercive power of the state and on whose discretion it depends whether and how I am to be allowed to live or to work? And who will deny that a world in which the wealthy are powerful is still a better world than one in which only the already powerful can acquire wealth?
C. S. Lewis:
I believe a man is happier, and happy in a richer way, if he has 'the freeborn mind'. But I doubt whether he can have this without economic independence, which the new society is abolishing. For economic independence allows an education not controlled by Government; and in adult life it is the man who needs, and asks, nothing of Government who can criticise its acts and snap his fingers at its ideology. Read Montaigne; that's the voice of a man with his legs under his own table, eating the mutton and turnips raised on his own land. Who will talk like that when the State is everyone's schoolmaster and employer? Admittedly, when man was untamed, such liberty belonged only to the few. I know. Hence the horrible suspicion that our only choice is between societies with few freemen and societies with none.
The New Freedom, Woodrow Wilson, 1913
We have come upon a very different age from any that preceded us. We have come upon an age when we do not do business in the way in which we used to do business, — when we do not carry on any of the operations of manufacture, sale, transportation, or communication as men used to carry them on. There is a sense in which in our day the individual has been submerged. In most parts of our country men work, not for themselves, not as partners in the old way in which they used to work, but generally as employees, — in a higher or lower grade, — of great corporations. There was a time when corporations played a very minor part in our business affairs, but now they play the chief part, and most men are the servants of corporations.
Maxim
Let every one employ himself in what he knows.
Miscellaneous

Anti-Thought-Control Dictionary by Ben Williams
MASTER/SERVANT

CONTROLLED MEANING: Refers to the relationship between a slave and his owner.

CORRECT MEANING: Depending upon time in history, and location, these terms have meant different things. In modem America they are usually considered approximately the same as stated above. However, when these terms appear in historical writings they generally equate to "employer/employee."

In the Bible, as well as in early America, the relationship of "servant and master" was common. Again, this often speaks not of involuntary (forced) slavery, but rather voluntary servitude (i.e. contractual employment). The "master" did not own the "bond servant" who was bound to him by voluntary contract. Thus it is with contractual employment today.

The following quote from AMERICAN JURISPRUDENCE gives the official legal definition:

§ 2. Definitions—"Master," "Servant," "Employer," "Employee."—In law, the term "master and servant" indicates the relationship which exists when one person who employs another to do a certain work exercises the right of control over the performance of the work to the extent of prescribing the manner in which it is to be executed. The employer is the master, and the person employed is the servant. The terms "employer" and "employee" are the outgrowth of the old terms "master" and "servant;" they have been adopted by reason of the shift of the relation in general from a personal to an impersonal one, ….

§ 3. Existence of Relationship: While it is said that at common law there are four elements which are considered upon the question whether the relationship of master and servant exists,—namely, the selection and engagement of the servant, the payment of wages, the power of dismissal, and the power of the control of the servant's conduct,—the essential element of the relationship is the right of control—the right of one person, the master, to order and control another, the servant, in the performance of work by the latter, and the right to direct the manner in which the work shall be done.
— American Jurisprudence, volume 35, pg. 445.
Coppage v. Kansas, 236 U.S. 1 (1915)
"Included in the right of personal liberty and the right of private property - partaking of the nature of each - is the right to make contracts for the acquisition of property. Chief among such contracts is that of personal employment, by which labor and other services are exchanged for money and other forms of property."
Post Reply