Court Says Even One Collection Call Can be Unlawful

Court Says Even One Collection Call Can be Unlawful

Debtors have rights under various federal and California statutes. For example, under the federal Fair Debt Collection Practices Act (“FDCPA”), a debtor has the right to dispute that a debt is owed and/or dispute the amount owed. Further, if a debtor disputes a debt, the FDCPA prohibits a debt collector from calling or taking other … Read more

California Workers: What are California’s Anti-Discrimination and Anti-Harassment Laws?

California Fair Employment And Housing Act Discrimination against and harassment of employees is prohibited by the California Fair Employment and Housing Act (“FEHA”). See Cal. Gov. Code, § 12900 et seq. The FEHA applies to all California employers and applies to all “employees.” The FEHA defines “employee” very expansively and protects unpaid workers, interns, volunteers, … Read more

California “Gets Tough” With Private Student Loan Debt Collectors

California "Gets Tough" With Private Student Loan Debt Collectors

Debt collection companies — including lenders — must provide these 18 categories of information before attempting to collect on a private student loan or bringing a collection action. The list is long, but worth reading and understanding. As can be seen, some of the information may be very difficult for the debt collector to find, … Read more

Breaking Down the Equal Pay Act

Breaking Down the Equal Pay Act

The Equal Pay Act is not new legislation; however, countless employees each year have to fight to get paid at the same rate as other employees who are in the same line of work. Federal law states that men and women who work for the same employer are to be paid the same pay for … Read more

California Wage Theft: Employees Can Recover Their Stolen Wages and Wage Theft is a CRIME

California Wage Theft: Employees Can Recover Their Stolen Wages and Wage Theft is a CRIME

California employers who steal wages from their employees and independent contractors can be brought to justice and be forced to pay the wages that are rightfully earned. Now, under a new law passed by the State Assembly, employers who intentionally steal wages from their employees can go to jail. See news report here. California courts … Read more

Consumer Rights: Anti-Robocall Statute Applies to Pre-Recorded Employment Recruiting Calls

California Wage Theft: Employees Can Recover Their Stolen Wages and Wage Theft is a CRIME

There is a federal law called the Telephone Consumer Protection Act (“TCPA”) that protects consumers from being harassed and annoyed by unwanted automatically dialed phone calls, cell phone calls, text messages and pre-recorded messages. Companies that violate the prohibitions set forth in the TCPA can be sued in court and can be severely punished. Statutory … Read more

California Minimum Wage Changes for 2022

California Minimum Wage Changes for 2022

2022 is within our reach, and for California employees, the new year means a new required minimum wage for the Golden State. For some employers, though, the new state minimum wage doesn’t outweigh their city’s ordinance regarding minimum wage. The attorneys at Guardian Litigation Group break down what you need to know when it comes … Read more

Hostile Work Environment Defined

Hostile Work Environment Defined

No employee should be exposed to a work environment where sexual harassment takes place. Unfortunately, it can happen, and employees have the right to do something about the injustice. There are two types of sexual harassment an employee could face — quid pro quo and hostile work environment. What is a Hostile Work Environment? A … Read more

California Sexual Harassment Basics

California Sexual Harassment Basics

Sexual harassment in California workplaces is prohibited. In particular, the California Fair Employment and Housing Act (“FEHA”) — Cal. Gov. Code, § 12940 — expressly defines, as an “unlawful employment practice,” any harassment or discrimination of an employee because of their sex, sexual orientation, sexual preference, gender identity, or marital or pregnancy status. Harassment is … Read more

Debtors Get Another “Win” as California Soon to Require Licensing for Debt Collectors

Debtors Get Another "Win" as California Soon to Require Licensing for Debt Collectors

Last year, the California General Assembly gave a “win” to California debtors by passing a law requiring debt collectors to be licensed. The law is called the Debt Collection Licensing Act (“DCLA”) The licensing requirement will take effect on January 1st of next year. The DCLA is really “good” for debtors for many reasons including: … Read more