Paul Williams at Foreclosurepedia has been rightly saying for many years that controlled vendors are “treated” like employees and they should be treated as employees and NOT as independent contractors. On March 17th, a U.S. Federal District Court entered a 50-page court ruling in the Bowman v Field Asset Services case wherein the court declared that:
“the overwhelming weight of the evidence supports a finding that FAS retained and, more often than not, actually exercised a right to control the manner and means of the vendors’ work. While some of the secondary factors for evaluating proper classification fall in FAS’s favor, they cannot overcome the powerful evidence of control that establishes that the vendors are employees as a matter of law.”
The bottom line is that Mortgage Order Mills (MOMs) … and others … are exercising too much control over their field service representatives. The U.S. federal courts have ruled in two federal cases that the MOMs could not overcome the powerful evidence of control that establishes that the vendors are employees as a matter of law. There are several other Rulings coming down the pike over the next month or so, the largest of which will be the Vinson v MCS on nearly identical issues.
You MUST READ the Foreclosurepedia blog post which provides a great highlighted analysis of the Bowman v Field Asset Services ruling. This federal court ruling affects EVERYONE in the field services industry. It establishes the rule of law that control of vendors will be determined by the federal district courts and that such controlled vendors are employees as a matter of law. The U.S. Federal Court rulings say that Paul Williams got it right when everyone told Paul that he was wrong.
Paul Williams is one of the smartest people I know. Paul is a great friend of LABOR. He has also provided consulting to some major U.S. corporations. I talked to Paul last evening for about 45 minutes discussing the Bowman v Field Asset Services case. He also provided me with some great trusted business advice. I always find his advice to be valuable to my business and I made another donation to show my appreciation. You too can make a donation at Foreclosurepedia and get connected to the person who has his fingers on the pulse of what is happening in the field services industry. The world of field services is changing and the new keywords trending are “controlled vendors are employees”. Hiring companies and field workers need to link up with Paul Williams (firstname.lastname@example.org) for some straight talk and advice. Paul has a record of being right.