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RP Field Services, LLC and National Creditors Connection, Inc.

Elinknan v. RP Field Services, LLC and National Creditors Connection, Inc. Court File No. 4:18-cv-00108 (Southern District of Georgia)

On May 8, 2018, we along with our co-counsel, Scott E. Brady and Philip Bohrer of Bohrer Brady, LLC, filed a lawsuit in the United States District Court for the Southern District of Georgia on behalf of a former field representative for RP Field Services, LLC and National Creditors Connection, Inc. (“Defendants”) to recover unpaid overtime and minimum wages.

The plaintiff filed suit on behalf of herself and other similarly situated field representatives across the country.  In the Complaint, she alleges Defendants misclassified field representatives as independent contractors, and, in doing so, denied them overtime and minimum wage compensation.  The lawsuit seeks unpaid overtime, minimum wages, and double damages.  The plaintiff  alleges she was paid by the task performed/assignment completed, and therefore did not receive overtime pay for overtime hours worked, and at times, received less than minimum wage.

Type of Case

Unpaid Overtime/Minimum Wages

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Case Updates

  • December 7, 2018

    RP Field Services, LLC - Mediation Update

    Because of an unanticipated delay in RP Field Services’ production of data which we need to prepare for and attend our December mediation to try to settle this case, the parties agreed to reschedule mediation for February 4th.

    If you signed up for this case and your contact information changes, please contact our clerk Danielle Kahler at dkahler@nka.com or 612-256-3214.  

  • November 2, 2018

    RP Field Services, LLC Update - Mediation Set for December

    Mediation is scheduled for December 4th.  In preparation for this, we have been speaking with our clients regarding their claims.  If you are a client, please respond promptly to our attempt to reach you so we have the information we need to try to resolve your overtime claim at mediation. If a fair settlement is reached, we will contact each of our clients for their approval.  If you have any questions or need to update your contact information, please contact Danielle Kahler at dkahler@nka.com or 612-256-3214.

  • September 7, 2018

    RP Field Services, LLC Update

    ​Case Stayed While Parties Explore Settlement

    The parties have agreed to attend mediation by the end of November to see if they can resolve the case.  In the meantime, RP Field Services and National Creditors Connection, Inc. are producing data so the parties can perform a damages calculation to use at mediation.  If any of our clients have documents or data that will be useful in determining hours worked each week, please let us know.  

  • May 17, 2018

    Field Representative Files Collective Action Lawsuit Against RP Field Services, LLC and National Creditors Connection, Inc.

    On May 8, 2018, a field representative for RP Field Services, LLC and National Creditors Connection, Inc. filed a lawsuit in the United States District Court for the Southern District of Georgia to recover unpaid overtime and minimum wages.  RP Field Services provides debt collection services in conjunction with the National Creditors Connection, Inc. by providing workers who personally deliver letters from creditors to debtors, conduct property inspections, and make various other attempts to communicate face-to-face contact with debtors.

    The plaintiff filed suit on behalf of herself and other similarly situated field representatives across the country.  In the Complaint, she alleges Defendants misclassified field representatives as independent contractors, and, in doing so, denied them overtime and minimum wage compensation.  The lawsuit seeks unpaid overtime, minimum wages, and double damages.  The plaintiff  alleges she was paid by the task performed, and therefore did not receive overtime pay for overtime hours worked, and at times, received less than minimum wage.

    Plaintiff's attorney Michele R. Fisher of Nichols Kaster, PLLP explained, “Companies cannot avoid overtime and minimum wage requirements simply by requiring their workers to label themselves as ‘independent contractors.’ When companies control their workers like employees, rather than giving them the independence of individuals in business for themselves, they must comply with wage and hour laws.”

    Plaintiffs are represented by Michele R. Fisher of Nichols Kaster, PLLP, which has offices in Minneapolis and San Francisco, and Philip Bohrer and Scott Brady of Bohrer Brady, LLC in Baton Rouge, Louisiana.  The case is entitled, Elinknan v. RP Field Services, LLC and National Creditors Connection, Inc., Case No. 4:18-cv-00108 (Southern District of Georgia).

    Additional information about how field representatives may make a claim in the case may be found at www.nka.com or by calling Nichols Kaster, PLLP toll free at (877) 448-0492.

Am I eligible?

This case was brought on behalf of field representatives who, as a result of being misclassified as “independent contractors”, were not paid proper overtime and/or minimum wages. If you worked for RP Field Services and/or National Creditors Connection, Inc. as a field representative, or in a similar job title/position within the last three years and were not paid an overtime premium for hours you worked over 40 in a week, and/or your total weekly earnings were less than the federal minimum wage, you may join this case.

Additional Information

Which Locations Are Included?

This case includes field representatives who worked for Defendants anywhere across the country.

How Do I Join This Case?

In order make a claim under the federal Fair Labor Standards Act (FLSA), you must complete a consent form and return it to our office. To fill out the form electronically on your mobile device or computer, please click here

What Time Frame Does This Case Cover?

There is a federal time limit, called a statute of limitations, that allows an employee to recover unpaid wages for hours worked within two years of the individual signing up to join the lawsuit by completing the consent form referenced above. If we can prove that RP Field Services and/or National Creditors Connection willfully violated the law, the statute of limitations may be extended to three years.

Do I Have To Pay Anything?

You do not have to pay anything to us if you join the lawsuit. We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or a final judgment, and that payment will only come out of that settlement or final judgment.

How Do I Prove I Worked Overtime or Was Denied Minimum Wage?

If you have records related to your work with Defendants, please preserve and keep them until we ask you for them. However, you do not need to have records of your work hours to participate in this case. If Defendants did not keep accurate time records, most courts will permit you to make a “good faith estimate” of your work hours. We will seek any records the company may have of your hours worked through this lawsuit. Please ensure you do not destroy any documents or data you have that relate in any way to your work for Defendants.

What About Retaliation?

It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you suffer retaliation, you may have additional claims against your employer. If you currently work for RP Field Services/National Creditors Connection and you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact us immediately.

How Long Will This Case Take?

The length of this kind of lawsuit varies from case to case, but they typically last one to three years.

Is There Money Available Now?

No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for participating in the lawsuit.

How Can I Help?

Right now, we are hoping to talk to as many field representatives as possible to learn more about their potential claims. If you work or worked as a field representative or have information regarding field representatives at RP Field Services/National Creditors Connection, please contact the case clerk, Danielle Kahler, at dkhaler@nka.com or call (612) 256-3214.

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Danielle Kahler, at dkhaler@nka.com or call (612) 256-3214.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Read full Disclaimer.