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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 trucks.7 Thus, TLC
had the right to, and did, direct and control each driver-em-
ployee 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.
Both before and after entering into an exclusive lease
agreement with TLC, each trucking company client: (1) Owned or
leased the trucks, semitrailers, terminals, and other equipment
and facilities used in its trucking business; (2) obtained the
customers whose goods and merchandise it transported by truck;
(3) performed dispatching functions with respect to each driver-
employee by giving such driver-employee his or her route assign-
ments, directing each driver-employee as to the loads assigned to
him or her and as to the times by which such driver-employee had
to deliver those loads, and relaying any instructions of its
customers relating to such loads; (4) was responsible for the
payment of tolls, fuel, repairs, and scale fees incurred during
7The TLC driver handbook consisted of approximately 50 pages
covering the various matters with respect to which TLC gave
detailed instructions to each driver-employee.
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Last modified: May 25, 2011