- 42 - driver-employee his or her route assignments, direct each driver- employee as to the loads assigned to him or her and as to the times by which such driver-employee had to deliver those loads, and relay to each driver-employee any instruction of its customers relating to such loads. In contrast, in order for TLC to operate its driver-leasing business successfully, TLC had to direct and control the work and conduct of its driver-employees in order to, inter alia, minimize workers’ compensation claims of such driver-employees. A principal advantage for a trucking company of leasing driver- employees from TLC, as opposed to employing truck drivers directly, related to TLC’s ability to obtain cost-effective workers’ compensation insurance for TLC’s driver-employees. Id. at 158. In order to minimize workers’ compensation claims and thereby enable TLC to maintain cost-effective workers’ compensation insurance, TLC had to, and did, control the work and conduct of each driver-employee. If TLC had not controlled the work and conduct of each driver-employee so as to minimize workers’ compensation claims, its workers’ compensation insurance expense would have increased substantially, thereby negating a principal advantage for a trucking company in leasing driver- employees from TLC, instead of employing truck drivers directly. As discussed above, each exclusive lease agreement provided in pertinent part that TLC had the right to, and did, exercisePage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
Last modified: May 25, 2011