- 58 -58
referred to TLC.45
On the record before us, we find that TLC’s sole and abso-
lute authority to hire each driver-employee is a factor evidenc-
ing that TLC was the employer of each driver-employee.
Source of the Instrumentalities and Tools
Petitioner argues that each trucking company client provided
the tools and instrumentalities of each driver-employee’s work
because such trucking company client owned or leased the trucks
that such driver-employee drove.
Respondent counters that “The fact that the Drivers did not
provide their own equipment and facilities * * * is of little
significance in determining by whom they were employed.”
We have found that TLC was in the business of leasing
driver-employees, and not in the trucking business. In contrast,
each trucking company client was in the trucking business and
needed to own or lease one or more trucks in order to conduct
that business.
On the record before us, we find that each trucking company
client’s owning or leasing the truck driven by each driver-
employee whom it leased from TLC is a neutral factor in determin-
ing whether TLC was the employer of each driver-employee.
45See supra note 41.
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