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TLC retained the sole and absolute authority to hire each
driver-employee and to terminate each driver-employee’s employ-
ment with TLC. Each truck driver whom TLC hired as a driver-
employee played an integral role in TLC’s business of leasing
driver-employees to its trucking company clients.
Before TLC hired a truck driver as a driver-employee, such
truck driver had to pass TLC’s screening and approval process
that it used to determine whether to hire such truck driver. (We
shall refer to the screening and approval process that TLC used
to determine whether to hire a truck driver as TLC’s screening
and approval process.) TLC’s screening and approval process was
designed to determine a truck driver’s fitness to serve as a
driver-employee of TLC.
As required by each exclusive lease agreement, TLC used its
best efforts (e.g., by advertising) to, and did, recruit driver-
employees. TLC hired approximately 25 percent of its driver-
employees through its own recruitment efforts.
Each trucking company client also located and referred
prospective driver-employees to TLC. If a trucking company
client located a truck driver whom it wanted TLC to hire, the
trucking company client interviewed such truck driver, had him or
her complete an application provided by TLC, and forwarded that
completed application to TLC. TLC subjected any such truck
driver to TLC’s screening and approval process. TLC rejected 10
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Last modified: May 25, 2011