Microsoft will no longer demand mandatory arbitration of sexual harassment (and other sex discrimination) claims

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 […]

Bipartisan group in Congress seeks override of CFPB’s new payday lending rule

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 […]

Trump-friendly provision slipped into tax bill at the last minute

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 […]

Beyranevand Article: Regulating Inherently Subjective Food Labeling Claims

Laurie J. Beyranevand of Vermont has written Regulating Inherently Subjective Food Labeling Claims, 37 Environmental Law 543 (2017).  Here is the abstract: For many consumers, the modern food label serves as the sole source of information regarding any individual food product. While it may be considered informative in some respects, it is often enigmatic in others. The present […]

What to do about the Trump administration’s decision to rescind Obama-era proposal requiring disclosure of airline bag fees

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 […]

Second Circuit holds that federal wage-and-hour claims are arbitrable

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 […]

New York Court of Appeals holds that N.Y. state law requires notice to all putative class members of an uncertified class when the case is dismissed or settles

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 […]