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company client determined whether each driver-employee was to be
paid, the Court in Transport Labor I was unable to find on the
record presented that, once a trucking company client calculated
the batch report lump sum amount with respect to each driver-
employee whom it leased from TLC, such trucking company client
determined whether TLC paid such driver-employee his or her net
wages and any per diem amounts. The Court in Transport Labor I
found that for each payroll period TLC was obligated to, and did,
pay each 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 lease fee.
Id. at 172. In Transport Labor I, the Court did not find that
the foregoing facts evidenced that each trucking company client,
and not TLC, was the employer of each driver-employee.
With respect to petitioner’s assertion that each trucking
company client determined “how drivers would be paid, i.e., by
direct deposit, checks sent directly to the drivers, or checks
sent to the trucking companies for distribution to drivers”,
petitioner relies on the following testimony of Ms. Schrupp on
direct examination by petitioner’s counsel:
Q And how were the drivers paid?
A The checks may have been sent back to the
client, or they may have been mailed directly to the
driver.
Q So they either went to the trucking company
directly, or they went to the driver directly.
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