Employment law and consumer protection, explained by the attorneys who litigate it. Straight answers on your rights at work and in the marketplace.
Employment Law
Julie Su, California Labor Commissioner issued citations against O & K Apparel Inc., a Los Angeles based wholesale woman’s clothing company, to pay $113,785 in overtime wages for 110 employees, plus penalties of $61,450 for failing to pay proper overtime and $307,250 for issuing improper itemized deduction statements. “Employers must pay workers the wages they have […]
Employment Law
New Jersey based debt collection agency, Pressler & Pressler is accused of suing the wrong person, even though that person had told them that he was not the man they were looking for. According to Marke Hoyte, he was sued by Pressler & Pressler even though his social security number and date of birth did not match the Marke Hoyte’s information in Pressler & Pressler’s file. It was […]
Employment Law
According to federal labor statistics, 4,609 employees were killed on the job nationwide in 2011, and 721 of those accidents happened on construction sites. One such tragedy happened recently in a Pacific Palisades, California construction site. Gilbert Vargas, 50, was operating a backhoe on a city public-works project in Pacific Palisades when the U-shaped trench he was working […]
Employment Law
AT&T, a leader in telecommunication services, including home phones, cell phones and hi-speed internet has reached a settlement with Cathy Birdsong, a former AT&T employee, accusing the company of failing to pay overtime or provide meal and rest breaks. According to the complaint, AT&T misclassified Birdsong and other California business manager employees as “exempt” as a tactic to deny them overtime compensation […]
Employment Law
Grammy award-winning R&B artist, Usher is being sued by his former nanny, Cecilia Duncan for unpaid overtime wages and wrongful termination. Usher was ranked named one of the best-selling artists in American music history by the Recording Industry Association of America (RIAA) after selling a record-breaking 23 million records in the United States and 65 million records worldwide. According […]
Consumer Rights
A consumer has accused Global Holding & Investment Co. of threatening her with a lawsuit in regards to a 20-year old “zombie” debt. The term “zombie debt” refers to debts that are “obsolete” as defined in the Fair Credit Reporting Act (FCRA). Under the FCRA, accounts are obsolete after 7 1/2 years after the first default which was never […]
Employment Law
The Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against The Founders Pavilion, a nursing and rehabilitation center for alleged violations of federal employment law by asking for genetic information during the hiring process. The EEOC is also alleging that Founders violated the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights […]
Consumer Rights
The Federal Trade Commission (FTC) recently made some clarifications regarding the CAN-SPAM Act. The clarifications include: The term “sender” in regards to multi-advertiser e-mails. The modification of the term “sender” addresses the situation in which there are more than one advertiser in a single commercial e-mail. According to the clarification, one of the advertisers can assume the role of “sender” as […]
Employment Law
The United States Equal Employment Opportunity Commission (EEOC) issued four revised documents regarding protection against disability discrimination, consistent with the agency’s strategic plan to provide up-to-date clarification regarding the requirements of antidiscrimination laws. The EEOC’s documents address how the Americans with Disabilities Act (ADA) applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities. “Nearly 34 million Americans have […]
Consumer Rights
Many desperate debt collectors threaten debtors with immediate wage or bank account garnishment as a tactic to intimidate them into payment. However, it is important to know that debt collectors who threaten to garnish a consumer’s wages, without being entitled to do so are in violation of the Fair Debt Collection Practices Act (FDCPA). Until a creditor has obtained a […]
Employment Law
BMO Harris Bank, one of the largest banks in the Midwest serving personal, commercial and affluent customers will pay $400,000 to 14 former employees under a consent decree resolving a disability discrimination case brought by the United States Equal Employment Opportunity Commission (EEOC). Case: EEOC v. Harris Bank, Civil Action No. 12-cv -7793 According to the […]
Employment Law
If your employer has give you the title of “Manager,” but you spend almost no time managing people, you may be eligible for overtime pay. As a cost-cutting measure, many employers use job titles, such as “Manager” for their lower level employees to avoid paying them overtime. This being said, employees in these job titles who do not regularly supervise 2 […]
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