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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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