Migliaccio & Rathod LLP Review: Expert Score & Analysis

Migliaccio & Rathod LLP legitimacy and licensing

Yes. Migliaccio & Rathod LLP is a real plaintiffs’ firm at 412 H Street NE in Washington, D.C., with a second office in San Francisco. Its site lists 10 attorneys, including founding partners Nicholas A. Migliaccio and Jason S. Rathod. New York’s attorney registry lists Mr. Migliaccio (admitted 2002) and partners Randolph Chen and Bryan Faubus with the firm as employer.

Court-appointed roles back up its class action record: Mr. Rathod served on the plaintiffs’ steering committee in the Philips CPAP recall litigation, and Mr. Migliaccio on steering committees including the Valsartan MDL. The firm has no BBB profile and no Trustpilot page, so there’s no public complaint record either way.

Our earlier review said the firm was founded in 2002 and had an Oklahoma office. We couldn’t confirm either: 2002 matches Mr. Migliaccio’s bar admission, not a published founding date, and the site now lists only D.C. and San Francisco.

Migliaccio & Rathod fees

The firm says its attorneys take all of their cases on a contingent basis, and the evaluation is free. It doesn’t publish its percentage.

In class and collective actions, the fee works differently from a one-on-one case. The court usually has to approve the attorney fee award as part of the settlement, and it comes out of the settlement fund before money goes to class members. Before you sign as a named plaintiff, ask for the fee percentage, who pays costs if the case is lost, and whether you’d get a service award for your time.

What employment cases the firm takes

Its employment practice is wage theft under the Fair Labor Standards Act and state wage laws. Examples the firm publishes:

• Craig v. Rite Aid (M.D. Pa.): assistant managers misclassified as exempt from overtime, settled for about $20.9 million for 1,900+ managers.
• Snodgrass v. Bob Evans (S.D. Ohio): assistant managers, about $16.5 million, roughly $6,380 per class member before deductions.
• Postmates (D.C. and N.D. Cal.): couriers misclassified as independent contractors, $8.75 million.
• Bland v. Calfrac Well Services (W.D. Pa.): oil field workers, $6 million.

Past results don’t predict yours, as the firm’s own disclaimer says.

Deadlines and the rules that protect you

Federal overtime claims under the FLSA generally must be brought within 2 years, or 3 years if the violation was willful, and in a collective action the clock keeps running for each worker until that worker files a written consent to join. State wage laws can allow longer. Discrimination charges usually go to the EEOC within 180 days, or 300 days where a state agency also covers it.

Retaliating against you for complaining about pay is illegal under the FLSA. You can also file a free complaint with the Department of Labor’s Wage and Hour Division at the same time you talk to lawyers.

Complaints and what to check

We found no BBB profile, no Trustpilot page and no regulatory actions against the firm. The reviews on its home page are Google reviews the firm chose to display, mostly from people who got paid in class settlements. In a class case, expect less one-on-one contact than with a lawyer handling only your case.

Before signing, confirm which attorney is licensed in your state or will work with local counsel, and get the fee terms in writing.

Who should look elsewhere

The firm’s model is group litigation. If you were fired, harassed or passed over and it’s about your own situation, look for an employment lawyer in your state who takes individual cases. If your employer made you sign an arbitration agreement with a class waiver, ask any firm how it handles that before you sign up.