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his or her net wages and any per diem amounts,18 regardless of
whether the trucking company client to which TLC leased such
driver-employee paid TLC the lease fee (discussed below). TLC
generally paid such net wages and any per diem amounts to each
driver-employee on the day after TLC received a batch report.
(We shall refer to TLC’s obligation with respect to each driver-
employee for each payroll period to pay to each such driver-
employee such aggregate amount of net wages and any per diem
amounts as well as its obligation to pay the employer’s share of
employment taxes, withhold and pay the driver-employee’s share of
employment taxes, withhold and pay Federal and State income
taxes, make daily electronic funds transfers of the appropriate
amounts of such taxes to the Internal Revenue Service (IRS) and
appropriate State agencies, and pay workers’ compensation insur-
ance premiums as TLC’s payroll obligation.)
Pursuant to each exclusive lease agreement, each payroll
period each trucking company client paid TLC a lease fee (lease
fee) that was not broken down into component parts.19 Each
18The aggregate amount of each driver-employee’s net wages
and any per diem amounts that such driver-employee was entitled
to receive was increased by the amount of any reimbursable
expenses for which a trucking company client was obligated to
reimburse such driver-employee and decreased by the amount of any
advances that a trucking company client paid to such driver-
employee.
19Pursuant to each exclusive lease agreement, the aggregate
amount of the batch report lump sum amount with respect to each
(continued...)
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