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A Correct.
Q And who decided whether it would be directly to
the driver or directly to the trucking company?
A The trucking company.
Like Ms. Schrupp’s testimony that TLC’s involvement in
hiring driver-employees was limited to an advisory role and her
testimony that all of the employee benefits that TLC sponsored
for the driver-employees were paid for by TLC’s respective
trucking company clients who leased such driver-employees from
TLC, we found the above-quoted testimony of Ms. Schrupp to be
questionable. Decisions as to how an employee is to be paid
(e.g., by direct deposit, by check sent directly to the employee
or by check sent directly to a person for whom such employee is
performing services pursuant to a contract between such person
and another person) are decisions generally made only by such
employee. Thus, we did not understand Ms. Schrupp’s testimony to
mean that each trucking company client decided unilaterally how
each driver-employee whom it leased from TLC was to be paid.48
We understood such testimony to mean that each driver-employee
whom a trucking company client leased from TLC gave instructions
to such trucking company client as to how such driver-employee
wanted to be paid and that such trucking company client informed
48If Ms. Schrupp literally meant what she said regarding who
decided how each driver-employee was to be paid, we reject such
testimony as questionable and unreliable.
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