Atlanta, GA – 16 May 2018 – In a complaint filed in the United States District Court Southern District of Georgia against Field Chase companies National Creditors Connection INC. (NCCI) and RP Field Services, LLP, Plaintiff Elizabeth Elinknan, filed for a collective action, or class action lawsuit, against these “Field Contact” companies alleging violations of the Fair Labor Standards Act (“FLSA”), for misclassifying their Field Service Representatives as “independent contractors” and failing to pay overtime and/or minimum wage compensation for all hours worked, amongst several claims including Retaliation.
“Field Chase” agents are generally considered contractors who work for the Field Service companies and in some cases, conduct contact with borrowers in order to facilitate the borrowers contact with the Lender as well as verify address and contact information, inspect and photograph property or collateral.
This is being filed as a national class action lawsuit requiring co-plaintiffs, or the Collective, to opt in to the lawsuit. The Plaintiff and the nationwide FLSA Collective claim they are victims of the Defendants’ widespread, repeated, and consistent illegal policies that have resulted in violations of their rights under the FLSA, 29 U.S.C. § 201 et seq., and that have caused significant damage to Plaintiff and the FLSA Collective.
Three complaints were individually made against these companies alleging;
· Violation Of The Fair Labor Standards Act For Failure To Pay Overtime Compensation (FLSA, 29 U.S.C. § 201)
· Violation Of The Fair Labor Standards Act For Failure To Pay Minimum Wage (FLSA, 29 U.S.C. § 201)
· Violation Of The Fair Labor Standards Act For Retaliation (Section 215(a)(3) of the FLSA)
The Plaintiff alleges, that she was required to adhere to dress codes, wear name tags, comply with company policies and procedures and was paid $7 for delivering a letter and up to $75 for conducting scripted interviews, all on a contingent basis, while frequently working as many as 70 hours per week. The Plaintiff also alleges that she was not reimbursed for legitimate expenses.
The lawsuit itself brings up many questions of contingent work and contractor versus employee status in regards to compensation which is and always has been an ongoing issue in the repossession industry as well. Fallout from this class action lawsuit could be felt across the trenches in the repossession industry if this legal strategy succeeds.
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