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the trucks to achieve maximum fuel savings, braking the trucks,
operating trucks in cold weather, departure times of the trucks,
and loading the cargo on and unloading it off the trucks.11
After TLC hired a truck driver as a driver-employee, TLC
maintained a file with respect to such driver-employee, which
included such driver-employee’s employment application and
medical history and the results of TLC’s screening and approval
process with respect to such driver-employee. In addition, TLC
required periodic physical examinations of each driver-employee
and monitored each driver-employee to ensure that such driver-
employee remained current with respect to his or her motor
vehicle reports. TLC and each trucking company client maintained
duplicate driver-employee personnel files that contained DOT-
mandated forms and information. Each trucking company client
monitored each driver-employee’s compliance with DOT regula-
tions.12 TLC ensured that each driver-employee’s file was main-
11The TLC driver handbook consisted of approximately 50
pages covering the various matters with respect to which TLC gave
detailed instructions to each driver-employee. The table of
contents of the TLC driver handbook listing such matters is
attached as an appendix.
12Pursuant to the exclusive lease agreement, if a driver-
employee determined “that the equipment, loads or routing re-
quirements of * * * [a trucking company client] are in any way
illegal or contrary to the applicable local, state or federal
rules, regulations or statutes,” such driver-employee “shall
immediately notify * * * [TLC and such trucking company client]
thereof and any dispute resulting therefrom shall be resolved by
the managing officers of * * * [TLC and such trucking company
(continued...)
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