- 14 - exclusive lease agreement set forth a factor (factor)20 to which TLC and each trucking company client agreed and which such client was to multiply by the batch report lump sum amount in order to calculate the lease fee that such client owed to TLC for each driver-employee whom TLC leased to such client. The factor to which TLC and each trucking company client agreed was intended to produce a lease fee sufficient to cover: (1) The batch report lump sum amount with respect to each driver- employee whom TLC leased to such trucking company client; (2) the employer’s share of employment taxes on the gross wages to which each such driver-employee was entitled; (3) workers’ compensation insurance premiums attributable to the gross wages earned by each such driver-employee; (4) other expenses that TLC incurred as costs of earning such lease fee, e.g., expenses for sales repre- sentatives and managers, legal and accounting services, and other 19(...continued) driver-employee was multiplied by the applicable factor (dis- cussed below) to calculate the lease fee that each trucking company client owed TLC. 20Pursuant to the exclusive lease agreement, TLC had the right to modify the factor in the event Federal and State employ- ment tax rates and/or workers’ compensation insurance rates changed. From time to time, TLC modified the factor that it charged each trucking company client in order to reflect changes in TLC’s workers’ compensation insurance premiums. TLC and each trucking company client also had the right to modify the factor if, inter alia, the information that TLC collected from a truck- ing company client in order to substantiate the per diem amounts that TLC paid to the driver-employees whom it leased to such client changed (e.g., if a trucking company client reduced its over-the-road trucking business).Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011