- 63 -63 or customers as payments for services or goods in order to cover its expenses. In order to ensure that TLC had sufficient funds to pay TLC’s payroll obligation, each exclusive lease agreement required each trucking company client to make a $650 deposit per truck with TLC. The $650 deposit that each trucking company client paid to TLC did not ensure that TLC had sufficient funds to pay TLC’s payroll obligation with respect to each driver-employee whom it leased to such trucking company client where (1) such trucking company client selected a payroll period that covered more than one week and/or (2) such driver-employee was entitled to a batch report lump sum amount that was greater than $650 per payroll period. On the record before us, we find that the method by which each trucking company client paid TLC a lease fee to compensate TLC for leasing driver-employees to such trucking company client is a neutral factor in determining whether TLC is the employer of each driver-employee. On that record, we further find that TLC’s payment of each driver-employee’s net wages and any per diem amounts is a factor evidencing that TLC was the employer of each driver-employee. Tax Treatment of Each Driver-Employee Petitioner does not address TLC’s tax treatment of each driver-employee. With respect to each driver-employee, for eachPage: Previous 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Next
Last modified: May 25, 2011