Just Thought I'd Share This - REO Property Preservation Forum
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post #1 of 34 (permalink) Old 01-13-2015, 03:33 PM Thread Starter
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Just Thought I'd Share This

Dont think Ive seen this posted here before, so I thought I'd share it with you guys.

http://www.sfmslaw.com/Representativ...ices-Inc.shtml

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Summary of Investigation: Welcome to the webpage maintained by Shepherd, Finkelman, Miller & Shah, LLP ("SFMS") for its investigation of certain employment practices by Field Asset Services, Inc. ("FAS"); Asset Management Specialists ("AMS"), Safeguard, CoreLogic, Five Brothers, Cyprex, Good Choice Preservation and Aim Your Way, LLC ("Aim Your Way"). Specifically, SFMS is investigating whether workers at these companies who performed property preservation and maintenance services were classified as independent contractors but really treated as employees. Upon information and belief, workers at FAS, AMS, CoreLogic, Five Brothers, Cyprex, Good Choice Preservation, Safeguard and Aim Your Way were really employees as these companies controlled all aspects of its workers' employment. Despite the control over its employees, in many cases, FAS, AMS, CoreLogic,Five Brothers, Cyprex, Good Choice Preservation, Safeguard and Aim Your Way allegedly did not pay its employees overtime wages or reimbursement for out-of-pocket expenses. If you performed property preservation and maintenance services for FAS, AMS, CoreLogic, Five Brothers, Cyprex, Good Choice Preservation, Safeguard or Aim Your Way at any property and were denied overtime pay or reimbursement for expenses, please contact us below.

Contact Us: If you would like to receive additional information or provide us with information concerning this investigation, please click here.

Status: Under Investigation

Send Us Information: If you have information about this action that you would like to provide us, please click here.

This page was last updated: 2014-04-17 12:05:40
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post #2 of 34 (permalink) Old 01-13-2015, 05:58 PM
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I have been waiting for this one. It should not be too long and the IRS will want their cut as well. There is no way this industry can continue doing things the way they do and not get noticed.

I would absolutely love to help them in any way I could the issue I have is I was never denied overtime wages because I never asked for them.
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post #3 of 34 (permalink) Old 01-13-2015, 06:51 PM Thread Starter
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One thing to keep in mind is that we nor our clients determine if we are employees or contractors. The law makes that determination, by examining the relationship between the 2 parties.

With that said, once you are classified an employee, certain things are 'automatic', as they are required by law. One of those things is OT pay. If an employee works over 40 hours in a 7 days period, that employee is required by law to be paid time and a half. This goes for hourly workers as well as workers paid 'piece' rate. So whether you asked for OT or not, if the law classifies you as an employee, employers must pay it.

I think these folks would love to here from you, as well as many others here.
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post #4 of 34 (permalink) Old 01-13-2015, 07:41 PM
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I will never understand how anyone in this business can be classified as an employee, even if it's the only company you work for.

Jobs have due dates yes - the sub contractors dry walling a house for me have a due date also, so does the electrician, carpet guy etc...

Whose truck are you driving, whose tools and whose fuel???

Someone give me the argument as to how you are an employee, IMO, this is another BS lawyer thing brought on by folks that couldn't cut it and couldn't find the exit door.
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post #5 of 34 (permalink) Old 01-13-2015, 10:17 PM
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Originally Posted by Framer1901 View Post
I will never understand how anyone in this business can be classified as an employee, even if it's the only company you work for.

Jobs have due dates yes - the sub contractors dry walling a house for me have a due date also, so does the electrician, carpet guy etc...

Whose truck are you driving, whose tools and whose fuel???

Someone give me the argument as to how you are an employee, IMO, this is another BS lawyer thing brought on by folks that couldn't cut it and couldn't find the exit door.
I agree with you on the points you made. A client is allowed to ask for work to be performed in a reasonable amount of time. That is no violation of any law.

What they can't do is make you bid items you don't want to. Yet they do 5 Brothers is the worst. They can't penalize you for them having to reassign a work order because you refuse it. They can't tell you what you can charge or force you to use a Cost Estimator. Force me to sign up with Aspen Grove or any other organization.
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post #6 of 34 (permalink) Old 01-13-2015, 10:17 PM
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I get paid by the job not by the hour. Definitely not an employee. I start and stop my work day when I want, upload when and where I want and take off when I want. I for one think that law suit is just ridiculous.
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post #7 of 34 (permalink) Old 01-14-2015, 12:20 AM
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This lawsuit is on the right track. Sure you get work orders BUT it is illegal to tell an IC when it is due and penalize said contractor for not meeting that deadline. They can reassign but not chargeback a contractor for not meeting a time deadline- that is control over a IC that negates the independent relationship.

Many more items I could mention but no time.

MARCH ON AND GOOD LUCK ATTORNEYS!! Godspeed!!!
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post #8 of 34 (permalink) Old 01-14-2015, 05:12 PM Thread Starter
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IMO, this industry is RIPE for worker misclassfication.

Being paid by the job doesnt make you a contractor. MANY employees are paid by the job aka 'piece rate'. Theres even formula you're required to use to determine the OT rate for employees that are by the job.

The IRS, and the National Labor Relations Act have their own specific tests.

Unfortunately, I think its a bit more rampant down the line from the Nats. The Nats do a pretty decent job insulating themselves.
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post #9 of 34 (permalink) Old 01-14-2015, 07:26 PM
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I had(or thought I had) Safeguard with proof they are misclassifying employees.

https://labor.ny.gov/formsdocs/ui/ia318.14.pdf

On that form, under based on court decisions an employee-employer relationship exists when an employer....

I had emails from safeguard proving that they:

require full time work
requires attendance at meetings and/or training
requires prior permission for absences
tells the individual when, where and how to do the job
directly supervises the job
provides facilities, EQUIPMENT, tools or supplies (vendor web, photo direct are safeguards equipment)
sets the rate of pay
sets time, money or TERRITORIAL limits (its in your zone, you must do it)
requires oral or written reports
makes the services an integral part of the business
reserves the right to end services on short notice
supervises unskilled labor(or is subject to supervision) - Tyrese Benning.



I wrote to the Liability and Determination department of NYS over a year ago with written proof that Safeguard is doing all those things listed above.

I have not heard anything.

Not only that, Safeguard keeps hiring us, firing us for refusing to do work(last time is was tarp a 3500 sq ft roof for $600 minus discount). Then a month later, they hire us back because they cannot find anyone else in the area.

I'll help anyway I can.
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post #10 of 34 (permalink) Old 01-14-2015, 07:50 PM
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Quote:
Originally Posted by PPArt View Post
I get paid by the job not by the hour. Definitely not an employee. I start and stop my work day when I want, upload when and where I want and take off when I want. I for one think that law suit is just ridiculous.
Think bigger. On those few points you are correct. However there is a whole list of violations in just about everything they do.
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