Foreclosurepedia first reported upon the litigation against NCCI/RP Field Services back in May, 2018 — Elinknan v. RP Field Services, LLC and National Creditors Connection, Inc.
Court File No. 4:18-cv-00108 (Southern District of Georgia). As predicted by Foreclosurepedia, the Employee Misclassification litigation has begun making the rounds across the United States. The most recent iteration is something which ought to make National Association of Mortgage Field Services (NAMFS) members terrified. You see, ironically the one part of NAMFS member Master Service Agreements (MSA) which is legal is the provision pertaining to the Fair Labor Standards Act (FLSA). Building upon Foreclosurepedia’s reporting, dating back to 2012, NAMFS members have known that they have purposefully misclassified employees for over two decades. Beginning with Hurst v Buczek Enterprises wherein Buczek Enterprises paid Field Service Technician Brad Hurst “six figures” to settle a claim of employee misclassification and continuing with the Vinson Settlement wherein Mortgage Contracting Services (MCS), a subsidiary of VPS Holdings LTD, paid millions to keep Field Service Technician Bennett Vinson silent, the Mortgage Field Services Industry is reeling and many are asking why Eric Miller, Executive Director of NAMFS refused to allow discussions with respect to this subject. Recently, in the Bowerman jury verdicts, 7 out of roughly 150 cases found awards of $2.2 Million against Assurant Field Asset Services (AFAS). And only last week, the California Supreme Court overturned twenty five years of erroneous employee labor law and charted a new course by adopting the “ABC Test” long held by states like Massachusetts. That ruling determined that not only were truck drivers employees, but overturned the Uber and Lyft rulings, both put on hold during the pendency. Finally, the California Employment Development Department (EDD) began assessing millions of dollars in fines against NAMFS members for willfully misclassifying employees throughout California.
Elizabeth Elinknan sued RP Field Services, LLC, and National Creditors Connection, Inc., in the United States District Court for the Southern District of Georgia claiming unpaid overtime and minimum wages. And it is a continuing strategy to hammer the soft underbelly of financial institutions — the order mills — and begin to hold them accountable for their lax oversight as we pointed out in the federal Involuntary Bankruptcy Filing against Jack Jaffa and National Field Network. And as opposed to the Class Action filings we have seen recently, this was an FLSA Collective Action.
Below is the case. You may submit Claims by clicking this link. We will have full details in this week’s Foreclosurepedia Podcast.
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