Debt Collectors and Robo-Calls

If you are currently behind on payments for your credit cards, car, medical bills or mortgage, you still have rights under the Fair Debt Collection Practices Act (FDCPA), which protects you against the abusive, harassing and unfair collection practices of some debt collectors. Additionally, you may be dually protected under the Telephone Consumer Protection Act (TCPA), which makes it illegal  →

Wage Theft

How do companies cheat workers out of pay? Sometimes they don’t pay workers for legally mandated breaks. Sometimes they require workers to be on call without pay. Sometimes they refuse to pay overtime. Sometimes they pay less than the minimum wage, or refuse to pay tips that were earned. Sometimes they won’t pay separated workers their last paycheck. Sometimes companies  →

Background Checks

The Fair Credit Reporting Act (“FCRA”) protects applicants for employment from the unauthorized use of a background check by potential employers. Before employers can obtain or use a background report, the employer must give you a stand-alone disclosure of your rights and get your written authorization. The disclosure and authorization form must strictly follow the government guidelines and regulations. Additionally,  →

Religious Discrimination

Last week my firm filed a lawsuit against a local telecom company for violations of Title VII with regard to religious discrimination. Read the article here.  →

Unwanted Telephone Marketing Calls

Background Has your evening quiet time or dinner been interrupted by a call from a telemarketer? If so, you’re not alone. Congress first passed the Telephone Consumer Protection Act (TCPA) in 1991 in response to consumer concerns about the growing number of unsolicited telephone marketing calls to their homes and the increasing use of automated and prerecorded messages. In response,  →

Do Not Call Lists

You may be one of many consumers who have received emails saying you’re about to be assaulted by unwanted telemarketing calls to your wireless phone. Rest assured that placing telemarketing calls to wireless phones is – and always has been – illegal in most cases. Why the Confusion? The confusion seems to stem from recent discussions in the wireless phone  →

Telemarketing and Robocalls

Last week I was appointed as National Co-Lead Counsel in Portfolio Recovery TCPA MDL. In an effort to address a growing number of telephone marketing calls, Congress enacted in 1991 the Telephone Consumer Protection Act (TCPA). The TCPA restricts the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages. The rules  →

Protection from Retaliation

Many State and Federal laws contained provisions that prevent retaliation against an individual or employee for enforcing their rights under those laws. Cornell University has an excellent summary of the federal laws that prohibit retaliation. You can access the summary here. Cornell University.  →

Overtime Claims

Click below to go to my Miltenberger Overtime Law website: Miltenberger Overtime Law Click Here I have collected millions of dollars in unpaid overtime for employees who have been denied what is rightfully owed to them by their employer. The Fair Labor Standards Act (FLSA) provides standards for minimum wage and overtime pay. Employees may be eligible to participate in  →

Settling FLSA claims without DOL approval

In Martin, et al. v. Spring Break ‘83 Productions LLC, et al. the 5th U.S. Circuit Court of Appeals held that a private settlement agreement is enforceable if an employer and an employee have a bona fide dispute as to the amount of hours the employee worked or as to the compensation due to the employee. The question now becomes what is  →