Charles A. Boyd and Darby A. Harvey - Page 5

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          California and the west coast.  Then they picked up goods on the            
          west coast and delivered them to points such as Arkansas, Texas,            
          or the Midwest.  Eventually, they delivered goods to New Jersey             
          and the east coast, and headed west again.                                  
          Continental’s Drivers                                                       
               Continental employed between 277 and 324 drivers during the            
          years in issue.  Drivers were away from home for a minimum of 21            
          consecutive days per trip and were on the road for an average               
          total of 25 to 28 days per month.  Some drivers were away for 2             
          to 3 months at a time before returning home.  Drivers accrued 1             
          day off for every 7 days of driving.                                        
               Drivers averaged approximately 322 to 382 miles per day.               
          U.S. Department of Transportation regulations prohibited drivers            
          from traveling more than 550 miles per day.  Additionally, the              
          Department of Transportation regulations required drivers to be             
          off duty for 8 hours for every 8 hours on duty.  The regulations            
          limited drivers to a maximum of 70 hours on duty per week.                  
               With an exception for layovers, Continental drivers earned             
          compensation only when the wheels on the truck were turning.                
          Continental paid its drivers on a per mile arrangement ranging              
          from 25 to 32 cents per mile, depending on experience.  Drivers             
          also received a per diem allowance paid through an accountable              
          plan.  The per diem, paid to drivers in addition to compensation,           
          was intended to reimburse drivers for travel expenses.  The per             






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