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to TLC by each trucking company client after such additions and
subtractions as the payroll period net lease fee due.)
Each trucking company client generally paid TLC the payroll
period net lease fee due, as reflected in the batch report, on
the day on which TLC issued a check to each driver-employee for
such driver-employee’s net wages and any per diem amounts. Each
trucking company client paid such payroll period net lease fee
due by wire transfer or direct deposit into an account of TLC.
TLC did not maintain separate accounts for the funds received
from its respective trucking company clients. As discussed
above, for each payroll period TLC was obligated to, and did, pay
such driver-employee his or her net wages and any per diem
amounts, regardless of whether the trucking company client to
which TLC leased such driver-employee paid TLC the net lease fee
due.
For the calendar years 1993, 1994, 1995, and 1996, TLC sent
a form letter (per diem letter) to each trucking company client,
which set forth the total of all per diem amounts that TLC paid
to the driver-employees whom it leased to such trucking company
client during the preceding calendar year. The per diem letter
for calendar year 1993 (sent to each trucking company client
early in calender year 1994) stated in pertinent part:
Our billings to you include amounts paid, on your
behalf, to our drivers, for road expenses; often re-
ferred to as per diem. The amounts billed are of
course, reduced by the amounts you paid directly to the
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