- 22 - 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, drivingPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011