The right-to-control test has dominated the debate over the definition of "employee" since its origins in the master-servant doctrine. However, the test no longer represents our modern notion of what it means to be an employee.
(34) Respondeat superior has its roots in early master-servant doctrine, in which a master was liable for harms caused by the actions of his servant.
Master-servant doctrine makes no exceptions or differentiations based on the relative status of the "servant" vis-a-vis the "master." It may seem that high-ranking employees would not meet the test, as their actions are not controlled in the same way as rank-and-file workers.