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chandise.3 Prior to the times such trucking companies entered
into driver-leasing arrangements with TLC (described below), they
had generally made payments only to their respective over-the-
road4 truck drivers who worked for them that were intended to
cover the amounts that such truck drivers spent for food and
beverage expenses while traveling away from home.
During the years at issue, the number of trucking company
clients to which TLC leased driver-employees ranged from 100 to
300, with most such companies located in Minnesota, Montana, and
Pennsylvania.5 As of the time of trial in this case, TLC leased
a total of 5,563 driver-employees to a total of 453 trucking
company clients.
In soliciting business, TLC’s sales representatives ex-
plained to prospective trucking company clients the advantages
that they would realize from leasing driver-employees from TLC.
A principal advantage of leasing driver-employees from TLC
related to TLC’s ability to obtain cost-effective workers’
compensation insurance, especially in States where trucking
3We shall refer to each trucking company that leased one or
more truck drivers from TLC as a trucking company client and to
each truck driver whom TLC leased to a trucking company client as
a driver-employee.
4The term over-the-road means that the length of travel
required a truck driver to stay away from home overnight.
5During the years at issue, the number of truck drivers that
each trucking company client leased from TLC ranged from 1 to 50.
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Last modified: May 25, 2011