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turn, reduced the factor. The amount of TLC’s gross profit,
however, was not affected by the per diem percentage that TLC
used to determine any per diem amounts of each driver-employee.
The batch report that each trucking company client submitted
to TLC each payroll period included each trucking company cli-
ent’s computation of the lease fee to which TLC was entitled
under the terms of the exclusive lease agreement. In order to
determine the amount of such lease fee payable to TLC for each
payroll period, each trucking company client increased the amount
of the lease fee to which TLC was entitled by (1)(a) the total
amount of the reimbursable expenses due to each driver-employee
whom TLC leased to such trucking company client and (b) any
miscellaneous additions or carryover credits and reduced that sum
by (2)(a) the total amount of advances that such trucking company
client paid to each driver-employee whom TLC leased to it and
(b) any miscellaneous subtractions or debit balances. (We shall
refer to the amount of the lease fee payable each payroll period
to TLC by each trucking company client after such additions and
subtractions as the payroll period net lease fee due.)
Each trucking company client generally paid TLC the payroll
period net lease fee due, as reflected in the batch report, on
the day on which TLC issued a check to each driver-employee for
such driver-employee’s net wages and any per diem amounts. Each
trucking company client paid such payroll period net lease fee
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