Florida Board of Employee Leasing Companies Meeting Report: December 23

Dec 24, 2009

The Florida Board of Employee Leasing Companies (“Board”) met on December 23, 2009, during which various employee leasing-related administrative matters were considered.  To view the complete meeting agenda, click here.

Applications Approved

The Board approved the following employee leasing company and related controlling person applications with no discussion:

  • Abel Southeast, Inc. – employee leasing company application
    • James W. Bell Sr. and James W. Bell, III, Abel HRO Services, Inc. – controlling person applications
  • Administrative Concepts 2003, Inc. – employee leasing company application
    • Sarah Peel and Teresa Dick – controlling person applications
  • AmStaff Human Resources, Inc. VI d/b/a Landrum Professional Services Inc. V. – employee leasing company application
    • Britt Landrum, Jr., Elizabeth Landrum and H. Britt Landrum III – controlling person applications
  • Global Employment Solutions PEO VII-IX, Inc. – employee leasing company applications
    • Terry Koch and Howard Brill – controlling person applications
  • Innovation Vero Beach II, Inc. – employee leasing company application
    • Ronald C. Stoll – controlling person application
  • Integrity Employee Leasing I-II, Inc. – employee leasing company application
    • Thomas Natoli, Sandra Sessions and Toby Starr – controlling person applications
  • Pay Admin, LLC – employee leasing company application
    • Celeste Dockery and Ana Alfonso – controlling person applications
  • Pinnacle Employee Leasing, Inc. – employee leasing company application
    • Robert Gomes – controlling person application
  • Remedy Employer Services, LLC – employee leasing company application
    • David Arfons – controlling person applications
  • Stafflink Outsourcing V-VI, Inc. – employee leasing company application
    • Abram Finkelstein – controlling person application
  • Encore PEO, Inc. – employee leasing company application
    • Kathleen Rawls and Edgar O. Rawls, III – controlling person applications
  • Aspen Staff Leasing, Inc. – employee leasing company application
    • Charles Wood, Jr. – controlling person application

The Board approved the following employee leasing company and related controlling person applications after discussion:

  • ALSUB-35, Inc. – employee leasing company application
    • Gilberto Aleman, Anthony Danon, Carl Guidice and Michael W. Willson – controlling person applications

Discussion on the ALSUB-35-related applications focused on a complaint from ALSUB-35, Inc.’s parent company regarding the manner in which ALSUB-35’s telephone calls are handled, as well as its internet business listing in the “Mojo Pages.”  ALSUB-35 representatives said that they did not authorize the Mojo Pages listing and are working to get it removed.  ALSUB-35 also is in the process of changing its telephone answering protocols and telephone menu options.

  • Chailland, Inc. and Chailland Enterprises, Inc. d/b/a Chailland Business Services – employee leasing company applications
    • Donald Chailland and Mitchell Chailland – controlling person applications

Discussion on the Chailland-related applications centered on Donald Chailland’s alleged inability to procure a readable fingerprint.  Mr. Chailland has had multiple sets of fingerprints made by approved professionals, but none have been readable.  In lieu of providing fingerprints, Mr. Chailliand submitted himself to Board jurisdiction and his application was approved.

  • First Financial Employee Leasing I-III, Inc. – employee leasing company applications
    • Larry Bennett and Bruce Smith – controlling person applications

In regard to the First Financial Employee Leasing Company-related applications, the companies’ listed Federal Employer Identification Numbers (“FEIN”) did not match those listed on their workers’ compensation coverage forms.   Board members cautioned that, because of new Florida workers’ compensation coverage requirements enacted in October 2009, the numbers must match, otherwise the policies will be rejected for inclusion in the State database.  Employee leasing company license applicants are encouraged to speak with their workers’ compensation carriers prior to applying in order to ensure that the numbers are correct.

  • FirstSourceHR I-II, Inc. – employee leasing company applications
    • Peter VanSon – controlling person application

No workers’ compensation policies were found in the database for FirstSourceHR I-II, Inc.  However, the policy information was faxed to the Board and the applications were approved.

  • Howard Leasing, III, Inc. – employee leasing company application

As last-minute addition to the agenda, the employee leasing company application for Howard Leasing, III, Inc. was approved after discussion about whether a vote could be taken, since not all of the Board members had received the application for review.   The meeting was briefly adjourned and then reconvened after Board members were updated, after which the application was approved with no further discussion.

Change of Ownership and Name Change Applications

The Board approved the following change of ownership and employee leasing company name change applications with no discussion:

  • A-! Contract Staffing I- III, LLC – change of ownership application
    • Preston, Thomas, CEO, Inc. – change of ownership application
  • Accord Human Resources of Florida II, Inc. – change of ownership and name change applications
    • Name change to: Accord Human Resources 2, Inc.
  • Accord Human Resources of Florida III, Inc. – change of ownership and name change applications
    • Name change to: Accord Human Resources 9, Inc.
  • Accord Human Resources of Florida, Inc. – name change application
    • Name change to: Accord Human Resources 12, Inc.
  • Accord Human Resources of New York, Inc. – change of ownership application
  • Accord Personnel Services, Inc. – name change application
    • Name change to: Accord Human Resources 19, Inc.
  • Equity Group Leasing I, Inc. – change of ownership application
  • Simple Employer Solutions, Inc. – change of ownership application

The Board approved the following change of ownership, termination of employee leasing company operations and controlling person relinquishment applications after discussion:

  • Matrix Employee Leasing, Inc. and Matrix Employee Leasing #2, Inc. – change of ownership and termination applications
  • William Perez and Jeffrey Spadafora – controlling person relinquishment applications

The assets of Matrix Employee Leasing, Inc. and Matrix Employee Leasing #2, Inc. have been sold to another company.   Meeting attendees questioned what would happen to the company’s clients when the employee leasing company licenses are terminated.  A Board member stated that the company’s clients are considered assets and will be transferred to the new company.

The controlling person relinquishment application for Rafael Perez was approved for transfer to the assuming company.

Termination of Operations Applications

The Board approved the following termination of employee leasing company operations applications with no discussion:

  • Confederated Staffing, Inc.
  • CoSource, LLC and CoSource I, LLC

Controlling Person Relinquishment Applications

The Board approved the following controlling person relinquishment applications with no discussion:

  • Kelly Lanza , CoSource, LLC and CoSource I, LLC
  • John Joseph Bilchak, Jr., Bankers Employer Services (I-III), Inc.
  • John J. Klopstad, Services to Agriculture (I-II), LLC and HHG IV, Inc.
  • Thomas Ruke, Jr., Services to Agriculture (I-II), LLC and HHG IV, Inc.
  • Jimmie Ghourley, Confederated Staffing, Inc. and Convergence Employee Leasing, Inc.

The Board deferred consideration of the following controlling person relinquishment application until a later date:

  • Barbara Pailley, Paychecks Plus, Inc. and United Employer Services, Inc.

Ms. Pailley has pending Board disciplinary actions arising from her previous position as a controlling person for Paychecks Plus, Inc. and United Employer Services, Inc.  During that time, these companies submitted multiple incomplete financial statements.  Board members expressed concern that, if Ms. Pailley’s application were to be granted, the Board would lose its jurisdiction to prosecute her, because the Board may only discipline or sanction current licensees.  Ms. Pailley’s counsel expressed concern that she would be held liable for misdeeds by the companies after her employment term ended.  The Board decided to defer this application for consideration at a later date.

The meeting was then adjourned.

Should you have any questions or comments, please contact Colodny Fass.

 

To unsubscribe from this newsletter, please send an e-mail to ccochran@cftlaw.com.