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literally.]
TLC retained the sole and absolute authority to hire each
driver-employee and to terminate each driver-employee’s employ-
ment with TLC. Each truck driver whom TLC hired as a driver-
employee played an integral role in TLC’s business of leasing
driver-employees to its trucking company clients.
Before TLC hired a truck driver as a driver-employee, such
truck driver had to pass TLC’s screening and approval process
that it used to determine whether to hire such truck driver. (We
shall refer to the screening and approval process that TLC used
to determine whether to hire a truck driver as TLC’s screening
and approval process.) TLC’s screening and approval process was
designed to determine a truck driver’s fitness to serve as a
driver-employee of TLC.
As required by each exclusive lease agreement, TLC used its
best efforts (e.g., by advertising) to, and did, recruit driver-
employees. TLC hired approximately 25 percent of its driver-
employees through its own recruitment efforts.
Each trucking company client also located and referred
prospective driver-employees to TLC. If a trucking company
10(...continued)
the factor to which TLC and each trucking company client agreed
and which such trucking company client and TLC used to compute
the lease fee that such client owed to TLC under the exclusive
lease agreement. The information included in those addenda to
all post-1992 exclusive lease agreements was included in Exhibit
A to all pre-1993 exclusive lease agreements.
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