Employment law and consumer protection, explained by the attorneys who litigate it. Straight answers on your rights at work and in the marketplace.
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 […]
Consumer Rights
Collection agencies, Rawlins & Rivera, Inc., Ryan & Reed, Inc. and their lawyer has been permanently prohibited from falsely representing the character, amount, or legal status of a consumer’s debt. As well as, representing that their collector is a lawyer or represents a lawyer, or that if the consumer does not pay, the defendants can or will file […]
Employment Law
A three-year investigation conducted by the U.S. Equal Employment Opportunity Commission (EEOC) determined that clothing retailer, Wet Seal Inc., favored a caucasian workforce. Additionally, the EEOC found that Wet Seal’s upper level management had discriminated against Nicole Cogdell, a former store manager by removing her from her manager’s role. Nicole Cogdell and two other former managers filed a racial discrimination lawsuit against the company alleging an […]
Employment Law
Merck & Co., one of the world’s seven largest pharmaceutical companies, is being sued by Kelli Smith, a Merck sales representative for at approximately $100 million. In her claim Smith alleges that Merck does not give women equal opportunities for advancement and punishes female employees for taking maternity leave. According to Smith, she won awards for her work but was unfairly demoted after taking […]
Employment Law
Bank of America is facing an “unpaid overtime” class action lawsuit on behalf of approximately 850 Mortgage Origination Employees including (but not limited to) Retail Sales Managers, Account Executives, LoanLine Sales Manager, Sales Leader, Manager NCS Production, LoanLine Sales Assistant Manager, Renovation Loan Originator, Home Loans Manager, and Mortgage Loan Associates. (1:12-cv-8681) This is the second employment lawsuit […]
Employment Law
Dynamic Medical Services, Inc., a medical and chiropractic services company is being accused, in a lawsuit by the U.S. Equal Employment Opportunity Commission (EEOC) of violated federal law by requiring employees to attend Scientology courses. (Case No. 1:13-cv-21666). According to the EEOC’s lawsuit, the Dynamic Medical required employees, including Norma Rodriguez, Maykel Ruz, Rommy Sanchez, Yanileydis Capote to spend approximately half […]
.jpg?width=1920)
.jpg?width=1920)
