Category Archives: Heatehr berghorst

Freddie, Fannie, Fees & the Emplactors

Organics Admin
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Organics Admin

COO at Aladay LLC
Organic Farmer, Property Preservation Specialist and Custom Glass & Wood Worker. Blogger extraordinaire...
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With the recent reduction in fees paid out for completed services on foreclosed assets belonging to Freddie Mac (FMC) and Fannie Mae (FM), especially after Freddie Mac announces that they MADE…profited….2.9 BILLION I would be remiss not to discuss the Independent Contractor (IC) and Emplactor issue in the Property Preservation Industry (PPI).
As many of you know that have followed my writings and those of the Lunatic in The Mountain’s writings, for many years now we have been saying g that there are no IC’s in the PPI. Six years ago I coined the term Emplactor. While Oxford hasn’t acknowledged the word Emplactor, it never the less is a fitting term for a misclassified employee as an IC.
Currently this issue has started to become serious to those agencies that depend on the employer tax contributions. Especially since our elected officials have become so irresponsible with the spending of our tax dollars. I often wonder what would happen to our government if every working stiff went into work and changed their W-4 to 20 dependents so no taxes would be taken out of their checks for the federal and state governments??? Of course employers would still have social security and unemployment insurance division liabilities. I highly doubt they would object to the lower contributions.

How do you think our thieving lying elected officials could operated without cash flow?? How long can you business function? Who would loan our government money to function??? You see folks our government just like the Offender Members Of THE NATIONAL ASSOCIATION OF MANAGEMENT FOR STEALING UNDER THE IRCHISTRATION AND DIRECTION OF ERIC MILLER need cash

Bret Douglas of Ironclad and Eric Miller, Executive Director of NAMFS...Possible Labor Representarive on the BOD of NAMFS???
Bret Douglas of Ironclad and Eric Miller, Executive Director of NAMFS…Possible Labor Representarive on the BOD of NAMFS???

flow to operate. Without cash flow on a daily basis you can not operate. Just ask all the members if labor that were bankrupt buy Shari Nott, Heather Berghorst, Amanda and Adam Buczek how important cash flow is.
Currently there are several lawsuits across the country not only in the PPI but in various related industries. Since the PPI is part of the real estate industry it may behoove everyone in the PPI to pay attention to what Real Estate Agents are claiming in the recently released White Paper by the National Association of Realtors (NAR), as the similarities of Realtors issue sure echo those of the PPI.
Before we get I to the snipIf any of you think this issue. ..Eric Miller and your merry band of Offender Members is whom this paragraph is directed to, since they are too greedy and stupid to remedy the issue on their own…it will not. Not as long as Mr. Williams and myself have platforms to raise awareness in this issue . we never stop helping the Emplactors loosen you despotical grip you have on the PPI

Issue
While the issue of worker classification has been challenged in a variety of industries, the real estate industry’s regulatory structure presents a unique framework within which to operate when it comes to worker classification. The hallmark characteristic of an independent contractor relationship is one where the worker is generally free of contrlower eol.

In a Massachusetts case, loan our government money to function? et al. v. Boston Pads, the plaintiffs alleged that their former broker misclassified them as independent contractors rather than employees, thereby violating the Massachusetts independent contractor statute. Plaintiffs alleged that, among other things, the defendants required plaintiffs to own day planners, pay desk fees each month, have cell phones with a “617” area code, complete office hours duty in some cases, and were subject to disciplinary action if productivity goals were not met.

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Now what the realtors are not forced to do is purchase insurance from a specific provider, they do not have to have a specific type a phone for transferring data, they do have to obtained an overpriced background check from a company in another country with questionable ties to the brokers, they are not told what type if cameras to purchase, or what equipment they have to use unlike Emplactors.
Now this is a hoot…they actually get paid. So wow Emplactors, guess you really did have the short end of a seriously crappy deal courtesy Eric “Crimeboss” Miller and the Offender Members under his watch.
Which begs the question; when will Labor stop ignoring the obvious? Why Labor will nit come together is beyond me. Look The too Big To Fail folk…they can out source everything but the labor…
What they could not do is fulfill their contract. ..THEIR CONTRACT. ..obligations if Labor went on vacation at the same time. I do wonder though, now that Bret Douglas has left the Management For Stealing folks if Eric Miller will be in attendance at future FAST events??? As I pointed out in prior writings Mr. Miller was always a presence at the FAST events. Keeping the watchful eye in the organization’s wild card Bret Douglas.
Did Miller ever assist Bret in getting paid when other members beat Team Ironclad out if money? Did Miller assist Team Ironclad land contracts with a top tier order mill? Nope nothing, all Miller did was take Mr. Douglas’s money smile in his face piss down his back and told him out was raining. Miller treated Mr Douglas like a clueless Emplactor. Reboziating comes to mind. (Another Aaronism I give you this gorgeous Sunday morning)

So what’s next for the PPI Emplactors?

I spoke with Bret Douglas tins morning and I happy to report that he has rebound did nicely from the scam artist and destruction Mr. Miller allowed to country’s this country’s Vet’s. Bret like many of the wise members of Labor shook if the Emplactor label and diversified I to the private sector.
In also happy to report that Bret has rebranded FAST. FAST will no longer be a local organization limited to Florida. Foreclosure Association of Service Technicians will now be recognized as a National Organization will the goal if providing Labor a platform to address issues that Labor deals with in a daily basis. I sincerely hope that Labor will take advantage of this organization and come together to assist each other. By doing so Labor will be able to shake the Emplactor syndrome that Eric Miller and company have created in the PPI.
Have a great day folks…

Remember folks you can catch me on the radio between the 7 and 8 hour on America Matters AM News. In the mornings and in the encore presentation in the evenings on amm.streamon.fm.  or you can always catch up with me on You Tube

Until Next Time
Happy Gardening

Misclassification of Employees Constitutes Payroll Fraud

Organics Admin
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Organics Admin

COO at Aladay LLC
Organic Farmer, Property Preservation Specialist and Custom Glass & Wood Worker. Blogger extraordinaire...
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Misclassification of employees as contractors or subcontractors constitutes payroll fraud, denies employees basic worker protections and could have a large impact on a work site’s safety culture…

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“Employers who are willing to commit payroll fraud and cut corners when it comes to providing employee protections such as workers’ compensation and unemployment insurance may be willing to cut corners when it comes to providing a safe and healthy workplace,”

Employee misclassification is a destructive practice—whether intended or accidental—and costs the US taxpayers, employees and employers tens and perhaps hundreds of millions of dollars annually. It also denies essential employment protections and benefits to hundreds of thousands of US workers in such areas as

  • occupational safety and health protections
  • unemployment benefits
  • workers’ compensation
  • minimum wage and overtime
  • health insurance
  • retirement benefits, including Social Security
  • family And medical Leave
  • protections from discrimination (e.g., Americans With Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA))

Employers who misclassify can save significantly in payroll costs. Studies in states reported show that these savings can range from ten to 40 percent.

What is the Government’s Response?

Misclassification of workers has garnered considerable attention over the last several years from the federal government and state governments. The U. S. Department of Labor’s Wage and Hour Division has a Misclassification Initiative which has established multi-jurisdictional Memorandums of Understandings (MOU) with twenty-one states with varying political constituencies from Texas to New Hampshire and Florida to Hawaii.

A number of states, such as  Maryland, have identified misclassification of workers as not only a very harmful practice to workers and businesses, but as a significant cost center in the state’s budget. In 2009, Maryland adopted a statute to prevent misclassification in the construction and landscaping industries.

An in-depth study conducted in Indiana found that lost state revenues resulting from misclassification was conservatively estimated to be 246.2 million dollars per year. A similar study in Illinois put the figure at 300.6 million dollars per year.

Other states that have enacted laws include Colorado, Illinois, Massachusetts, Pennsylvania, New Jersey and New Mexico and New York.

INFORMATION SOURCE

The following is a statement from a FaceBook thread on the subject. I won’t call this person out by name he knows who he is and he actually knows just how stupid he is yet refuses to admit he is a nut-job when it comes to Property Preservation Industyry issues…This comes from someone that does not believe in proper licensing as at one time he was in more than one state and was not properly licensed to conduct business (so I’ve been told) in some of the places he was conducting business. Now this is just me… you really have to take this idiots statement with a very large grain of salt….

FaceBook statement –No. The contractor does not “get to choose” how they will or will not sign in. There are procedures and protocols known as industry standards that need to be adhered to, whether contractor or employee. If a clients sign in method is a requirement for the contract you have with them, that doesn’t make you an employee. You don’t get to choose what way you sign in just as you don’t choose which forms the clients wants filled out. Everyone has their own form. I cannot take a 5 Bros. form and submit it to Sand Castle. That does not make me an employee, that is just following industry standards….

Now the problem with this statement is the fact that the person making this statement is only targeting one element of about 20 that will make a final determination on the issue. That said, he’s not incorrect in that this one issue does not make one an employee. The second issue with this statement is that it is made in reference to the Property Preservation Industry and there are no “industry standards” the person references. Furthermore, the person that is speaking out of school sure sounds like one of the Offender Members defending NAMFS and the criminal activity going on in the industry…and let’s make no mistake folks, the misclassification of employees is a crime just as not paying you for the services you complete for these people and cheating you via electronic means is a crime.

This is a very simple task people, if you have questions about the contracts you are being asked to sign… have the contracts reviewed like we did…Contact your local Unemployment Education Insurance Division office and ask them to review the contract. Then go talk to an attorney to protect yourself.

Under common-law rules, anyone who performs services for you is your employee if you can control what will be done and how it will be done. This is so even when you give the employee freedom of action. What matters is that you have the right to control the details of how the services are performed. And that my friends is what every Order Mill in the PPI does….

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Now please tell me that any of you reading this today and are involved in the Property Preservation Industry that is not the case…if you can control what will be done and how it will be done…

Now while you’re trying to explain this away; tell us why the courts have ruled against Buczek & the Berghorts, then please tell us all why Field Asset Services has SETTLED??? if this is not the case?

The fact that ill advised people whom are arguing they are not employees are in fact employees and have garnished that train of thought, well that is a testament to the Brainwashing that the National Association of Mortgage Field Services Offender Members has promoted to those they recruited and walked them through the licensing and insurance portion of becoming an Emplactor in the PPI. Then the Offender Members demand that you participate in the industry scam of having a background check done via one of the other Offender Members, Aspen Grove Solutions, and sorry but Sterling is part of AGS so you have no choice.

The reality is that the Aspen Grove scenario’s of security are crap, (which is a story for another time). People in Indiana routinely provide log in information to people in Florida…so please tell me how this procedure  is not a money grab…you pay $65 for a BC you can get from anywhere else for $20 or less. In addition there is a serious nepotism factor going on here as everything you do in regards to this issue is completed via a member of NAMFS…that is not a contractor being giving a choice. So when someone states that the “owner” has the rights….well that is someone talking out of school. In addition the white elephant in the room is the fact  that AGS has forged documents on record in four different states and as a member of NAMFS this means they are illegal, (IMHO), also so I do not understand how a company that is illegal CAN CONDUCT BACKGROUND CHECKS….Oh that’s right idiots allow them to…Something that Eric Miller and his merry band of Offender Members refuse to address. Why do you suppose that is????

The fact is; no company can dictate to you whom to conduct background check on your employees. That is strictly your decision as a business owner. In that respect everyone that has used contracts they have been furnished by the Offender Members to write their contracts, is guilty of the miscalssification of their employees as Independent Contractors.

Think it over and ask yourself….when the dust settles and you can not make ends meet is it worth it??? Are all the hoops you must jump through worth going broke because an organization’s membership commits RICO violations on a daily basis suffers from the worst case of nepotism and oh by the way lines their pockets while you, LABOR…struggles daily to put food on the table…

And now a word from our Sponsor…

Remember Ladies and Gentlemen, it is not one or two issues, like many want to state,  that the IRS and UEID people look to see if you are in violation of labor laws. It is the “Totality” of the Direction and Control that is exerted over you and your company…

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Enjoy the day folks….and let’s all be safe out there…..

Until Next Time

Happy Gardening

Written By: Aaron Aveiro

Photograph courtesy Google Images

Video Courtesy LABOR and Ironclad Preservations

Opinions expressed do not reflect those of Aladay LLC ownership