- 11 - gas, tolls, repairs, and other road expenses for which such trucking company client (a) made cash advances (advances)13 and/or (b) was obligated to make reimbursements to such driver- employee (reimbursable expenses); (3) any miscellaneous credits or deductions (e.g., for the costs of health insurance that such trucking company client agreed to pay); (4) any vacation days that such trucking company client permitted such driver-employee to take;14 and (5) the number of days such driver-employee was away from home. TLC determined what portion of the batch report lump sum amount constituted gross wages and what portion, if any, consti- tuted per diem amounts to which each driver-employee was enti- tled.15 In order to make that determination, TLC applied to each batch report lump sum amount with respect to each driver-employee a percentage (per diem percentage). In most cases, the per diem percentage was 34 percent; in some cases, the per diem percentage 12(...continued) amounts. 13Except for such advances, no trucking company client made any payments to a driver-employee. 14If the batch report indicated that the trucking company client permitted a driver-employee whom TLC leased to it to take any vacation days, TLC paid no per diem amounts to such driver- employee for any such days. 15The exclusive lease agreement was silent as to (1) any per diem amounts that TLC was to pay to a driver-employee to cover such driver-employee’s food and beverage expenses while traveling away from home and (2) the limitation imposed by sec. 274(n)(1).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011