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client located a truck driver whom it wanted TLC to hire, the
trucking company client interviewed such truck driver, had him or
her complete an application provided by TLC, and forwarded that
completed application to TLC. TLC subjected any such truck
driver to TLC’s screening and approval process. TLC rejected 10
to 15 percent of the truck drivers whom its trucking company
clients referred to it. TLC hired approximately 75 percent of
its driver-employees through referrals of trucking company
clients.
As part of TLC’s screening and approval process, TLC re-
quired each truck driver who applied for a position as a driver-
employee to sign and submit a number of documents, including:
(1) An application (employment application) for employment that
set forth, inter alia, such truck driver’s employment and medical
history; (2) a certification of violations that set forth all
motor vehicle violations in the past 12 months; (3) a truck
driver data sheet that certified the number of hours that such
truck driver had driven in the preceding 7 days; (4) Immigration
and Naturalization Service Form I-9 that verified such truck
driver’s eligibility to work in the United States; (5) a form
that authorized the release of such truck driver’s employment
history to TLC; (6) a form that authorized the release to TLC by
appropriate State agencies of such truck driver’s driving record;
and (7) a form in which such truck driver consented to a
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