- 55 -55 the services, not only as to the result to be accom- plished by the work but also as to the details and means by which that result is accomplished. That is, an employee is subject to the will and control of the employer not only as to what shall be done but how it shall be done. In this connection, it is not necessary that the employer actually direct or control the manner in which the services are performed; it is sufficient if he has the right to do so. * * * We have found that TLC had the right to, and did, direct and control the work and conduct of each driver-employee.43 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. The TLC driver handbook, which TLC gave to each driver-employee when it hired such driver-employee, 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 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 43The exclusive lease agreement provided that TLC “shall in its absolute discretion, * * * direct the work and conduct” of each driver-employee.Page: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
Last modified: May 25, 2011