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leasing a driver-employee to a trucking company client, TLC had
the right to lease that driver-employee to another trucking
company client and thereby assign additional projects to such
driver-employee.
If a trucking company client no longer wanted or needed the
services of a particular driver-employee, TLC did not continue
leasing such driver-employee to that trucking company client. In
that event, TLC attempted to lease such driver-employee to
another trucking company client. TLC frequently was successful
in reassigning a driver-employee from one trucking company client
that no longer wished to use such driver-employee to another
trucking company client. TLC also reassigned to another trucking
company client any driver-employee who no longer wished to work
with a particular trucking company client to which TLC had
assigned such driver-employee. If a driver-employee refused such
reassignment, TLC treated him or her as having voluntarily
terminated his or her employment with TLC and contested any
unemployment claims that such driver-employee filed.9
Each of TLC’s driver-employees who was engaged in over-the-
road trucking paid for food and beverage expenses while traveling
away from home. TLC generally made payments of per diem amounts
to each such driver-employee that TLC intended to cover such food
9Because of the large number of driver-employees and the low
rate of successful claims, TLC usually paid the minimum rate
imposed by the applicable State Unemployment Tax Act (SUTA).
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Last modified: May 25, 2011