Category Archives: #epicfraud

Business 101……THE SCA…and Your Company…

Organics Admin
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Organics Admin

COO at Aladay LLC
Organic Farmer, Property Preservation Specialist and Custom Glass & Wood Worker. Blogger extraordinaire...
Organics Admin
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Contract Clauses Everyone Ignores…

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This is a section of contract language that we became very hesitant to accept when we were considering PK MGMT…PK Management.

Every service employee performing any of the Government contract work under a service contract in excess of $2,500 must be paid not less than the monetary wages, and must be furnished fringe benefits, which the Secretary of Labor has determined to be prevailing in the locality for the classification in which the employee is working or the wage rates and fringe benefits (including any accrued or prospective wage rates and fringe benefits) contained in a predecessor contractor’s collective bargaining agreement. The wage rates and fringe benefits required are specified in the SCA wage determination included in the contract. If no wage determination has been made applicable to the contract, employees performing work under the contract must be paid not less than the federal minimum wage provided in section 6(a)(1) of the Fair Labor Standards Act.

Now I highlighted the portion in red for a reason…Allow me to expand for just a minute…and explain why we said no to PK MGMT…

First PK decided to screw all Contractors on pricing after they negotiated fees with Contractors. They actually called us THREE TIMES to discuss pricing…only to have Les Sterberg inform us they were only “Gathering” information…yes he did that legal-ease lying thing…(my opinion). Then they came in 65% under agreed pricing. However, let’s not get side tracked here…

Had we signed the contract with PK MGMT we would have had to start paying prevailing wage ($21.57per hour for labor at the time) once the contract hit the $2500 mark…about 5-7 properties. Unlike what PK and others want to push out as ONE property going over the $2500 dollar mark…That is not how the contract clause reads…once THE CONTRACT reaches $2500…the contract was is what controls things not the work orders…even though each work order can be considered a separate contract for legal purposes. The Contract you sign is the controlling factor here, not the work orders.

So now that many of the issues with the SCA and the DOL are starting to come out I wonder how many people are going to run to their lawyers office to start looking for solutions to “Minimize the damages” as is said in the legal arena.

Every covered contract in excess of $2,500 contains a provision specifying the fringe benefits to be furnished to service employees and must be paid in addition to the minimum wage. The fringe benefit amount is listed in the wage determination. SCA makes no distinction, with respect to its compensation provisions, between temporary, part-time, and full-time employees. However, temporary and part-time employees are only entitled to an amount of the fringe benefits specified in an applicable determination which is proportionate to the amount of time spent in covered work.

Just some food for thought this morning….some of you may want to start looking for solution to protect yourself…especially the scumbucket bottom feeders members of NAMFS under the direction of the Professional Crime Observer Eric Miller that scam Labor into the $40 wints…

Until Next Time

Happy Gardening

Written By; Aaron Aveiro

Photograph courtesy Google Images

Opinions expressed do not reflect those of Aladay LLC Ownership.

Monday Afternoon Fodder…and a Little Biz 101

Organics Admin
Follow Me!!

Organics Admin

COO at Aladay LLC
Organic Farmer, Property Preservation Specialist and Custom Glass & Wood Worker. Blogger extraordinaire...
Organics Admin
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Latest posts by Organics Admin (see all)

Little Man has to be lurking somewhere…

how would this antique scale look in your yard???
Sooner or Later….The PPI Scale has to Balance….

Well apparently we are in another cycle in the Property Preservation Industry,(PPI). Yes it is that time once again when the smart folks have taken the high road and moved on to greener pastures. I say this in jest as in the past 36 hours I have received an 41 inquiries as to the Who, What, When, Where and Why of several companies recruiting “Independent Contractors” or the folks I have come to fondly refer to as Emplactors…

Before I go any further..Thank you for all the inquiries..I’m honored…now where were we???

Now for some time I have stayed away from company banging in an effort to be fair…I’ll attempt to stay the course but it will be very difficult and in all honesty…a couple companies may have a negative opinion about our blog…but they won’t be able to say we lied…The one very critical issue when you call someone on the carpet is to tell it like it is…In this particular instances the companies are currently recruiting across the country. One…The Nice Company from New York…and then there is Rude Dude from Southern California.

In many respects both companies are a lot alike…they are upstart order mills. They do not have a very long history. One company I spoke with a very informative staff from the receptionist to their recruiter, As a courtesy I spoke candidly about the drawbacks in their contract, and found them to be very candid in their responses and grateful for the informative conversation.

The Second Company I contacted today well the number was answered with a heeelllooo!!……silience….

Have I called….oh crap..I’ll be kind…

Yes this is them….

Ok Thank you …Have a good day…

I would think that anyone that has a cell phone linked to a website would have just a little more phone presence than a gruffy hello like you just got through on the bong….

However I did find some issues with their contract and information on their website…

Allow me to regress back to the first company for a moment…

Nothing major with the exception of the Wells Fargo Code of Conduct, acknowledgement…I didn’t mention that whole that’s really for you thing as the young lady did inform me hey were a little green…Hey I gotta get in good pro bono work every now and then…they’ll see it here I’m sure…

However, I did get the impression that as a new company they wish some transparency. Perhaps, perhaps just perhaps mind you…the owner might reach out for an interview…Either way I do wish this company the best of luck…no they don’t have a new wheel, but it certainly looks like they have a good polish on this one…

As most of you know in the Mortgage Field Service Industry recently the Wells Fargo Code of Conduct,(WFCC) has been under….uh…em…. review for;

  1. “Whom” in particular are the WFCC guidelines targeting.
  2. By submitting to the background check you are in essence an employee of WF.

To question one…The resounding answer was everyone IN the food chain, not just Labor.

To question number two…SERIOUSLY????? oh and then there is this little itty-bity tidbit

The Aspen Grove Solutions issue of being the PPI chief Background Provider as in being forced upon Labor VIA yes you got another NAMFS Member…MCS,…well needless to say AGS has come under fire in regards to all sorts of highly questionable business issues that may in fact be illegal activities, but hey this is an NAMFS member…they got some kind of immunity right???? I mean now if I’m even slightly grasping the levity here…

Now my interpretation of things can be skewed at times but this is just too good not to kind take a sharp stick and just poke the big fella right square with a good stiff jab in the rib cage…

We…the People of the National Association of Mortgage Field Services  in order to form a more perfect Property Preservation Industry are granting to Labor at Labor’s Expense,  the liberty of using a company outside of the United States of America, that has committed apparent crimes of fraud to become a legal entity in an conspired effort to stave off regulation. We establish this Background Check regulation to punish Labor to appear we are performing due diligence while our criminal members provide labor with work orders; In doing so we have developed absolutely no transparency, insured absolutely no justice in pricing… and pardon me …but…WE are taking liberty with your employees personal information…

PUN INTENDED….no absence of malice there…but you get the idea…I would think that would be a issue…that I wouldn’t want to be caught up in…However, as always the best advice you can truly get, speak with your attorney, at least have a paralegal on hand that understands legal-ease and can explain things to you.

OK Now let me pick on Rude Dude Company for a bit…I actually did a little copy and past from the website

At Rude Dude F.S. we consider our vendors as a partner and the wings of our company. All Rude Dude F.S. vendors have been thoroughly screened, tested, trained, and background checked. Lenders, Brokers, Escrow, Title Companies, Banks and Asset Management Companies across the nation are using the services of Rude Dude F.S. in concluding their loan doc signings. Whether your loan documents are overnight, e-mail, or digitally prepared your loan closing will be executed with the proficiency to exciding industry standards. Loan closing will be executed with the professionalism you demand and quality will be carefully

Well pardon me but did I read in the very first line…wings???? ARE YOU KIDDING ME???? I regress…but seriously…in light of the way the phone was answered…wings indicate flight and there have been what??? OH Come on you can say it…go on give it a try!!!!….

Thats Right  FLY-BY-NIGHTS…Well class..that was very good…yes folks I’m not real sure I want to wait till Rude Dude gets paid for my work while he has me out flying his company…Perhaps 420 came early that day…just sayin’….

But this next clause…GET out..just get out…and close the door behind you…

Dress Code and Professionalism

Rude Dude FS field representatives are expected to conduct themselves in a professional manner while on the field. Field representatives must remain fully clothed at all times while on the property they are servicing. Field representatives must also be considerate and respectful to those around the property. Unprofessional activities such as smoking cigarettes and drinking alcohol are prohibited while on the property being serviced

 The highlighted section…WA_LA!!!!!!!!!!!!! Hey Rude Dude you’re making everyone an Employee.I just love it when people send out BS and have no clue what they’ve done…they just think it looks cookie cutter professional enough to get them some…

HEY!!!!! Do you already work for Rude Dude?  Perhaps you know Rude Dude. Rude Dude is a southern California company in a Los Angles Suburb of Glendale, claiming national coverage….mmmmmmmmm….Rude Dude is using an already established name for an older order mill that got their work from AMS and AIM both of whom were clients of ours at the time they recruited us…not listed on Manta, oh yeah and no SOS listing…looks like we’ll have to start looking for any licensing at all on Rude Dude….can only imagine how many states Rude Dude is licensed in since he provides National Coverage….oh the most important…Rude Dude works out of a suite on Glenoaks Blvd…let him tell it…boy Rude Dude sure is building up a load of those pesky Red Falgs…

Hey it may be possible you’re an employee of Rude Dude’s!!!!! If you are we should do an interview….

The point I make here is from a business perspective…if you chose to enter into any type of business arrangement understand your:

#1 local business laws

#2 Understand all your disposal rules and regulations…

#3 What Subject Matter Jurisdiction means

And in all fairness to everybody….ALL parties need to proceed with caution. There is really a lot of instability in this industry at this time…and as each and every week passes the instability seems to become just a little more fragile.

There’s a lot of scuttlebutt about unions again…I don’t know…I’m glad to see new voices speaking out…bummed to see the same silent ones protecting the other criminals…AWWWWE…But such is life…

Business number one…fixed address…answers the phone…have manners…receptive to suggestion about their business…wonder if I can get one of them girls to send me one of them pretzels from New York?????

Business number Two…RED FLAG WARNING…let’s see how things follow up before I g……

Until Next Time…

Happy Gardening

OH and PS: Rude Dude I wish you the best of luck also….

Written By: Aaron Aveiro

Photograph: Aaron Aveiro

Opinions expressed do not reflect those of Aladay LLC Ownership