Bailey Peavy Bailey office


California Federal Judge Rules in Favor of Misclassified Vendors

Mar 22, 2017

A group of workers classified as “vendors” by Field Asset Services Inc. recently won a court case, where they argued that they were misclassified by their employer and were really employees. The company requested to decertify the class, which was rejected by the court.

During the trial, Field Asset Services claimed that these workers were independent contractors, and therefore the company was not liable for their failure to pay business expenses or overtime, and that the company doesn’t dictate how, when or who does the work, arguments that U.S. District Court Judge William H. Orrick shot down.

“And from this conclusion it insists that ‘vendors – not FAS – retain and exercise the right to control most every aspect of their performance of the contracted services,” wrote Judge Orrick. But FAS’s statements run counter to all of the evidence giving it the right to control. As plaintiffs state, ‘FAS tells vendors where to go, when to go, what to do, when to get it done and how much and when they will be paid for their efforts.’”

The plaintiffs first filed their class action lawsuit against the company in January of 2013 before amending it the next month, bringing causes of action for failure to pay overtime compensation, willful misclassification of independent contractor status and breach of contract, among other charges. It was denied in September of 2014 because the judge states that a better defined, narrower class was necessary. It was refiled, resulting in the recent verdict on March 20.

At Bailey Cowan Heckaman PLLC, our Houston overtime lawyers are committed to providing our clients with the experienced legal representation they need to secure the outcome they deserve. If you are looking to file a claim against your employer, fill out our online form to schedule a free case consultation, or call us at (888) 367-7160 to speak with one of our attorneys today.

Related Posts:

Commitment to Our Clients

  • 01 Highest quality
    & ethical
    legal services
  • 02 Focus on each
    case as if it
    were our own
  • 03 Strive for
    excellence in keeping
    clients informed
  • 04 Erase any
    doubts clients have
    in their case
  • 05 Work hard to
    earn the trust
    of our clients
How we fight for you

Hear from Our Clients

At BPB, we are proud of the representation that we provide to our clients—the financial compensation that we have won on their behalf and the way we have protected their rights. If you would like to hear what they think of our national trial attorneys, straight from their mouths, please take a minute to watch the videos below.

  • Aubry Campbell (Mesothelioma Claim)
  • Sherrie Moore (Mesothelioma Claim)
  • Loretta Lamont (Mesothelioma Claim)
  • Ava Campbell (Mesothelioma Claim)
  • Pat Chiacchio (Mesothelioma Claim)
  • Doris Hamblett (Mesothelioma Claim)