Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 22

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          him or her and as to the times by which such driver-employee had            
          to deliver those loads, and relaying any instructions of its                
          customers relating to such loads; (4) was responsible for the               
          payment of tolls, fuel, repairs, and scale fees incurred during             
          the transport of such goods and merchandise;  and (5) had the               
          authority to determine whether to permit a driver-employee whom             
          TLC leased to it to take any vacation days.  TLC did not own any            
          interest in, had no rights in the profits of, and no responsibil-           
          ity for the losses of the business of any trucking company                  
          client.                                                                     
               TLC had the right to, and did, direct and control the work             
          and conduct of each driver-employee.  Thus, TLC had the right to,           
          and did, direct and control each driver-employee as to the                  
          operation and the loading and unloading of the truck of the                 
          trucking company client that leased such driver-employee from TLC           
          and as to the details and means by which that operation and that            
          loading and unloading were to be accomplished.  When TLC hired              
          each driver-employee, TLC gave such driver-employee a packet of             
          materials, including a truck driver handbook (TLC driver hand-              
          book), a safety manual, and a brochure entitled “Welcome to TLC”.           
          The TLC driver handbook contained TLC’s detailed instructions               
          that it required each driver-employee to follow with respect to,            
          inter alia, fueling the trucks, starting the trucks’ engines,               
          hooking up the trucks to trailers, parking the trucks, driving              






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Last modified: May 25, 2011