- 66 - paid TLC a lease fee to compensate TLC for leasing driver- employees to such trucking company client is a neutral factor in determining whether TLC is the employer of each driver-employee.” Id. at 192-193. That TLC may have paid TLC’s payroll obligation with moneys that it received from its trucking company clients did not evidence to the Court in Transport Labor I that TLC was or was not the employer of each driver-employee. Id. at 192. It is common business practice for a business to use moneys received from its clients or customers as payments for services or goods in order to cover its expenses. Id. Even if, as petitioner contends, TLC required payment of the payroll period net lease fee due from each trucking company client prior to paying TLC’s payroll obligation, that fact would not evidence that TLC was or was not the employer of each driver-employee. A business may require payment at the time of, or even prior to, providing services or goods to its customers.44 Petitioner asserts that the Court in Transport Labor I 44In the instant case, TLC’s obligation to pay TLC’s payroll obligation with respect to each driver-employee whom it leased to a trucking company client accrued as such driver-employee per- formed services for TLC by driving a truck of such trucking company client that leased such driver-employee from TLC. TLC was obligated to pay TLC’s payroll obligation with respect to each driver-employee whether or not the trucking company client to which TLC leased such driver-employee paid TLC the lease fee. TLC required payment of the lease fee after it provided the services of its driver-employees to its trucking company clients. Transp. Labor Contract/Leasing, Inc. & Subs. v. Commissioner, supra at 172.Page: Previous 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Next
Last modified: May 25, 2011