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overhead; and (5) TLC’s profit (profit).
The factor was a flat rate that ranged from 1.15 to 1.25.
The factor was not broken down into component parts. Conse-
quently, no trucking company client knew how much of the factor
to which TLC and such trucking company client agreed was intended
to cover each of the various expenses associated with TLC’s
driver-leasing business (e.g., gross wages, any per diem amounts,
the employer’s share of employment taxes, workers’ compensation
insurance, and compensation of persons who performed services for
TLC other than TLC’s driver-employees).
The batch report that each trucking company client submitted
to TLC each payroll period included each trucking company cli-
ent’s computation of the lease fee to which TLC was entitled
under the terms of the exclusive lease agreement. In order to
calculate the amount of such lease fee payable to TLC for each
payroll period, each trucking company client increased the amount
of the lease fee to which TLC was entitled by (1)(a) the total
amount of the reimbursable expenses due to each driver-employee
whom TLC leased to such trucking company client and (b) any
miscellaneous additions or carryover credits and reduced that sum
by (2)(a) the total amount of advances that such trucking company
client paid to each driver-employee whom TLC leased to it and
(b) any miscellaneous subtractions or debit balances. (We shall
refer to the amount of the lease fee payable each payroll period
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