Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 55

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               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.                                                       




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Last modified: May 25, 2011