Tax reform was going to be tax simplification. Tax returns on post cards. Right. Read this piece by John Cassidy explaining that besides its "unfairness" and "corrupt nature," [w]hat isn’t yet fully appreciated" about the Trump tax legislation is how porous and potentially unstable the rest of the tax code will be after the bill is passed. […]
Category Archives: Uncategorized
Microsoft says it is "eliminating a requirement that employees pursue sexual harassment and gender bias claims through arbitration instead of in court, after revelations this year of improper behavior across technology, entertainment and other industries." The company is also "supporting a proposed federal law that would widely ban [forced arbitration] agreements." That's fantastic news; it truly is. Other businesses […]
In early October of this year, the Consumer Financial Protection Bureau finalized its payday loan rule. In a press release, the agency described the rule's benefits this way: The CFPB rule aims to stop debt traps by putting in place strong ability-to-repay protections. These protections apply to loans that require consumers to repay all or most of […]
Is this coincidence or self-dealing by our despicable president? It's actually hard to know. David Sirota and Josh Keefe report that Republican congressional leaders and real estate moguls could be personally enriched by a real-estate-related provision GOP lawmakers slipped into the final tax bill released Friday evening, according to experts interviewed by International Business Times. The […]
Public Citizen today put out a short statement about gift cards and forced arbitration provisions, here.
Allison recently posted about the Trump administration's decision to rescind a Department of Transportation proposal requiring airlines to disclose baggage fees at the start of a ticket purchase. Two things that consumers can do. First, Kayak has what looks like a comprehensive chart of all fees — not just bag fees — for all airlines. Second, complain to DOT about the […]
Read this article on the topic by Kate Berry. The Hill has coverage too. Update: Read the AG's letter.
Yesterday, in Rodriguez-Depena v. Parts Authority, Inc., the U.S. Court of Appeals for the Second Circuit held that wage-and-hour claims under the Fair Labor Standards Act (FLSA) can be forced into binding arbitration under a pre-dispute arbitration agreement. The court rejected the argument that the FLSA guarantees workers access to the courts and thus overrides pre-dispute arbitration […]
In Desrosiers v. Perry Ellis Menswear, the New York Court of Appeals held today that, under New York state procedural law, all members of a putative, uncertified class must be notified of settlement or dismissal. (Since 2003, under Federal Rule of Civil Procedure 23, the rule is just the opposite, and notice is discretionary.) Here's a […]
by Paul Alan Levy Eugene Volokh has a short article this morning about the brief concurring opinion filed by an appellate judge in Breen v. Holmes , 2017 WL 6133325 (La. App. Dec. 7, 2017). The case concerned statements made on social media about a controversial decision by prosecutors not to pursue charges against someone […]