Category Archives: Fair Labor Standards Act

Employee or Independent Contractor…Question has been answered

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COO at Aladay LLC
Organic Farmer, Property Preservation Specialist and Custom Glass & Wood Worker. Blogger extraordinaire...
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This entry is part 4 of 4 in the series PPI Watch List
Time for a vacation

For about seven years now there has been an ongoing debate whether the Property Preservation Industry (PPI) is Employee based or Independent Contractor based. Friday March 17, 2017 the Honorable

William H. Orrick has finally laid the debate to rest. Now many are not going to like his decision, mainly the Offender Members of the National Association of Mortgage Field Services, (NAMFS).  So here is podcast number one .

No Matter Where You Are…We’ll be Watching

Now many of you are probably asking how this decision will affect your business. Well for the Emplactors afraid to open their mouths, for them nothing will change. However, for business folks that have kept records you may have a payday coming….in 2010 alone our company had over $50,000.00 in reimbursable fees. Yes, phone systems, dump fees, hourly wages, transportation costs, and tools for this job including the laptop we had to purchase to use the Pruvan system. With that thought I’ll queue up podcast number two.

PPI Watch List Honorary Inductee. EDNAMFS For knowingly Allows members to skirt business laws.

Now for whatever reason back in 2010 when the Hurst v Buczek. came to light NAMFS did nothing but double down on allowing the illegalities of the membership. This organization did nothing even after the May 2, 2012 final ruling, the “ED” nor the Board of Directors lifted a finger to stop the improperly licensed membership or the incorrectly classified IC Employee mess. Instead of cleaning the mess up five years ago Eric Miller has allowed this nightmare to continue.

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Yes ladies and gentlemen…you are an employee just like I said six years ago in a Linkedin forum that had Don McPhearson demanding I “be specific” with my claim that NAMFS was and I still maintain to this day is responsible for the deterioration of the PPI.  At that time I made the claim we are Employees not IC’s. .. I knew then I was correct, how you ask???? Simple I removed FAS from the contract and inserted Aladay LLC. I then sent it to our local UEID, Unemployment Insurance Divison office, and had the contract reviewed “before” we hired or used it for Independent Contractors. Jennifer at the UEID office said …this is nothing more than an Employment contract and anyone work g u Dr it would be considered an employee.

 

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For years I asked others to do the same. I even broke contracts down by removing companies name and inserting “Company A” & “Company B” and translating the legal ease into English.  See Kim Savage’s group on Facebook the series may ve archived there as that was where the videos were posted… I have been saying for a very long time we are employees. I know some if you do not want to five that fact. That is your choice. You can get you paperwork together and get paid or you can continue to argue with me and others in the face of the courts decision, your choice.

Myself I’m getting  our paperwork together for payday…BTW in civil litigation damages are treble…or 3X what the original damage was….2010 is looking awful good….and right about now so is Tahiti.

Until Next Time

Happy Gardening

The NAMFS Membership and Labor

Organics Admin
Follow Me!!

Organics Admin

COO at Aladay LLC
Organic Farmer, Property Preservation Specialist and Custom Glass & Wood Worker. Blogger extraordinaire...
Organics Admin
Follow Me!!

On The Eve of Fraud Fest is that knees I hear knocking???

They will extract their pound of flesh....
They will extract their pound of flesh….

As the cobwebs start to clear the eyes and the aroma of the coffee swirls around the sleepy little town of Stow Ohio this morning you’ll find that the poppycock has started to hit the fan over the IRS filing for the National Association of Mortgage Field Services, (NAMFS). One has to really wonder why a 501c6 is not actually in compliance with the IRS rules governing 501c6’s.

Now I would like to highlight a question this morning. If you and I have to be “In Compliance” with all laws, rules of the Mortgage Filed Service Industry, state regulations and licensing and insurance regulations, why doesn’t NAMFS and it’s membership?

Why is it that all the members demand that you are in compliance yet at the very same time they are not in compliance? What is so confusing is the fact that we see Labor getting bent over with no grease and yet the warm and fuzzy folk are telling us it’s OK…we have members of labor joining in the Kumbaya singing and praises of NAMFS as their annual Fraud Fest is about to commence.

In addition to this fiasco of regulations violations we have several Employee/Independent Contractor issues working their way through the courts. With Members “settling” cases as I type this morning we have something else that the NAMFS members have to deal with.

The National Labor relations board is about to slap the MFS industry across the room, here’s what I’m talking about…

The National Labor Relations Board (NLRB) is poised to make several decisions that could significantly affect your workplace. Its agenda is unabashedly activist. Its general counsel Richard Griffin, Jr. (who, interestingly, is the former general counsel of the International Union of Operating Engineers) has published advice memoranda that confirm the NLRB’s prosecutorial agenda, including:

  • Increasing scrutiny and involvement in the non-union workplace

  • Expediting the process for conducting union representation elections

  • Broadening a successor company’s obligation to bargain

  • Voiding arbitration agreements with class action prohibitions

  • Restricting confidentiality rules during employer investigations

  • Expanding rights to representation in the nonunion workplace

  • Controlling employer handbooks and policies concerning at-will employment, confidentiality, workplace decorum, social media, and employee use of employer email systems

Notice the Highlighted phrase…that was me….

Simple question this morning….to all that claim they are doing something for Labor working from the Inside of NAMFS, oh and let’s not leave Eric Miller out…heaven forbid I don’t get him his five minutes this morning. Wouldn’t it have been easier to bring Labor to the table five years ago when we asked to be invited???

I’m sure as the legal troubles mount there is a lot of second and third guessing going on in Stow. Or perhaps they are in New Orleans this morning attempting to strategerize a new scam to perpetuate on Labor?

What I would like to know is whom will be the lackey to provide Lip Service to Labor when the fraud fest is over??? Who will bring the news from the NAMFS event to Labor?

Here is what I do not understand. People claim they want change, they claim you catch more flies with honey than with vinegar. They claim they are working from the inside to affect change. Yet the entire time the industry at the hands of their fellow members of NAMFS have gotten worse. Yet the big dogs say this…

The big ones are. Bank of America’s servicing profits totaled nearly $3.8 billion last year, with its revenue for servicing fees and related income rising about 6 percent to more than $7 billion. Wells Fargo’s servicing-fee income rose 10 percent to $4.6 billion, even after subtracting the cost of unreimbursed default work.

“This is a very profitable business for us,” Wells [Fargo] chief financial officer, Timothy J. Sloan, told Wall Street analysts in April.

EXCUSE ME?????? Yes that is a member of NAMFS. And you can’t get paid a fee that compensates you costs of doing business??? When will Labor wake up and say no to this type of conducting business?

As the news of the IRS 990 filing of NAMFS hits the streets with some very disturbing violations of the IRS 501c6 rules many Emplactors are hitting the streets this morning to toe the line for the second and third tier subbing members of NAMFS. Yes they are running out the doors right now to meet the “turn times” and “due dates” on the work orders that have explicit instructions and directions on what materials and tool to use and how to photograph the service thus making them an employee.

I will say this once again…it is not one or two issues that will determine the Independent Contractor Employee issue it is the totality of the “Direction and Control” that the order mill exerts over the Emplactor.

For anyone that feels there is no direction and control exerted over them via the NAMFS membership they need their heads examined. I have been saying since 2009 that the industry is an employee scenario. The Lunatic in the mountain has brought this issue to the table manytimes and has predicted the decision of the courts more than once yet our screams from the mountain tops fall on the deaf ears of Labor. The fact that Labor will not come together in the Property preservation industry is a testament to the fact they are employees as any self respecting company providing labor to an industry would have said what Aladay LLC said 5 years ago…

We bill for our services according to our costs of doing business. If this is unacceptable then we don’t do business with you… Now many of will say this is cutting your nose off to spite your face. However, I call it Business. Yes that is correct, That’s Business.

When you show a company that you have to pay $17.65 to dump one cubic yard of debris and they want to pay you $18.00 for that cubic yard of debris???

Well sorry that is crap. When you have to provide 12-14 man hours performing a janitorial to the specs for $90.00??? Some of you may say we do it…I have spoken to several companies that did this. They would accept $350 for the flat fee and provide all the service,,,on a limited amount of time…Yes they would provide a 4 man crew and give 4 hours to the property. For a total of 16 man hours…None of them are in business today as they went broke. But hey they were part of the “Team”. Funny, the other part of the team went to the bank while the part of the team completing services went to bankruptcy court.

Yet none of the members of Labor that have a lick of sense will stop and say no. Of course not they have to work…They have to be an Emplactor to the dictators of the Mortgage Field Service industry. They have to be in compliance with rules that do not apply to them and instead of coming together to show a united front they hide behind the curtain waiting for their pittance form the mailman.

When these folks don’t get paid they want to cry out for help and beg those of us whom have said screw Miller and Company and the BS. Yes they come crying asking for help. How long do you think people will continue to offer assistance for free?

I have on numerous occasions requested an interview from Eric Miller. He can go in social media and in the press making Labor out to be the ills of the Property preservation industry. Sort of like Monsanto making everything wrong with their products the fault of the farmer using their products.

While some may feel that I have been vindicated as what I have been saying for the past 5 years, I really gather no solace from this. This mess could have been avoided many years ago by simply asking Labor to come to the table to negotiate and provide solid information to management. No that was not anything The Executive Director wanted as that would mean less monies for the membership and the kickbacks would stop. Now that is just my humble opinion. But I have to ask everyone…

Why would anyone continue down a path that involves supervising crime on a daily basis if there were not kickbacks going on? Money has always been the “Root of all Evil”…if you’re a Good fearing people…which  many of the members claim to be, they place their trust in their faith. Not sure how that is working for them as I do not see any changes that benefit labor…no in fact thing are worse today than they were 5 years ago all the while the Banks, those responsible for the mess called “The Foreclosure Crisis” are raking in grotesque profits at the expense of Labor..

When I travel our coverage area cultivating new clients I see many properties in disarray and the work seems to be backing up because those of us that have had the guts to stand up and be counted refuse to lose revenues for these scum bucket members of NAMFS…No those of us covering the rural areas of Northern Nevada know the scum bucket members cannot find someone else to do the work. We have all said no to these people.

The reality is this…if change is going to come then Labor must pull their collective head out their bum and say no…actually they can continue to be gutless and hide in the closet because…

With President Obama’s appointees filling all five seats at the NLRB, the betting odds prohibitively favor a decision that will abandon the historic test for joint employers in favor of a test that sweeps most outsourcing arrangements into joint employment.

While I feel Mr. Obama is a bold face liar because of what he said in regards to GMO’s prior to being elected, I do believe he will come through for Labor on this issue. One must keep in mind here that when banks  use an Order Mill…ie; AFAS, MCS, MSI, Altisource et.al. that is OUTSOURCING….

I guess this leaves us with the question…When will an attorney attach Miller to a lawsuit in the PPI? When will the BOD and Miller be gifted with an accessory charge like they deserve?

Until Next Time

Happy Gardening

Written by Aaron Aveiro

Phootograph courtesy Google Images

Opinions do not reflect those of of Aladay LLC ownershp