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Whether the trucks were owned or leased by the drivers, ECI
did not pay the truck drivers for fuel, insurance, or maintenance
costs of the trucks. If truck drivers leased trucks from CCI to
make deliveries, CCI provided tools and other equipment (such as
pallet jacks) for the purpose of making ECI deliveries, and CCI
also paid the fuel, insurance, and maintenance costs for the
leased trucks. In return, the truck drivers who leased trucks
from CCI owed CCI monthly lease payments on the trucks equal to
approximately 55 percent of the amounts ECI owed the truck
drivers for deliveries.
Under a typical lease agreement with CCI, a particular CCI
truck might be used by different truck drivers within a 24-hour
period.
Generally, trucks leased from CCI were required to be parked
overnight on ECI property, and trucks owned by the truck drivers
and trucks leased by the truck drivers from a company other than
CCI were not to be parked overnight on ECI property.
ECI treated the truck drivers, including petitioner, as
independent contractors. The June 9, 1999, operating agreement
that petitioner entered into with ECI referred to petitioner as
an independent contractor. For example, clause nine of the
operating agreement provided as follows:
9. Independent Contractor Relationship.
[Petitioner] agrees and understands that the
relationship created by this Agreement between himself
and ECI is solely one wherein [petitioner] * * * is an
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Last modified: March 27, 2008