• 08.28.19

    CFPB: Settlement Agreements, Call for Payday Lending Rule, New Ombudsman

    In Consumer Financial Protection Bureau (CFPB or Bureau) news, the battle over its constitutionality continues in a New York federal court, the Bureau announced more enforcement activity, student lending remained a hot-button issue and Sen. Sherrod Brown (D-Ohio) called for the CFPB to move forward ...

  • 08.28.19

    Could California’s McGill Problem Be Solved on Appeal?

    The battle over arbitration in California continues, with two defendants in a recent U.S. Court of Appeals, Ninth Circuit decision appealing the court’s reaffirmation of McGill v. Citibank.

  • 08.28.19

    Federal Reserve Banks Report On Small Businesses Nonemployer Firms

    In a pair of new reports, the 12 Federal Reserve Banks provided data on the financing needs, decisions and outcomes of (i) small businesses (fewer than 500 employees) and (ii) nonemployer firms.

  • 08.28.19

    California Regulator: Lenders Moving Away From Small-Dollar Loans to High-Interest Installment Loans

    California nonbank consumer lenders are moving away from small-dollar short-term payday loans and are, instead, embracing longer-term installment loans with amounts over $2,500 to avoid interest rate caps, according to the state’s banking regulator.

  • 08.27.19

    Two California Supreme Court Cases to Keep an Eye On

    The U.S. Court of Appeals for the Ninth Circuit has certified two cases to the California Supreme Court on issues with the potential for major impact on employers in the state: meal and rest break policies and the retroactive effect of the landmark Dynamex Operations West, Inc. v. Superior Court of ...

  • 08.27.19

    SEC’s Whistleblower Program Reaches New Heights

    The Securities and Exchange Commission (SEC) announced an award to an overseas whistleblower, with the $500,000 payout bringing the total amount awarded under the program to roughly $385 million.  

  • 08.27.19

    EEOC Can’t Mess With Texas, Fifth Circuit Says

    The U.S. Court of Appeals for the Fifth Circuit sided with Texas in its challenge to the Equal Employment Opportunity Commission’s (EEOC) guidance for employers on the use of criminal records in hiring.  

  • 08.27.19

    Court Takes Points Off for Employer’s FMLA Violation

    An employee’s lawsuit alleging violations of the Family and Medical Leave Act (FMLA) will move forward after the U.S. Court of Appeals for the Sixth Circuit found the employer’s point system effectively violated the plaintiff’s statutory rights.  

  • 08.27.19

    Courts, Not Arbitrators, Decide Gateway Issue of Class Proceedings

    Who should decide the gateway issue of whether an arbitration agreement permits class proceedings? Courts, not arbitrators, the U.S. Court of Appeals for the Fifth Circuit has concluded, joining the Fourth, Sixth, Seventh, Eighth, Ninth and Eleventh Circuits.

  • 08.27.19

    FTC Unrolls Settlement Over Privacy Violations

    The Federal Trade Commission (FTC) reached a deal with email management company Unroll.Me Inc. after the agency alleged that the company tricked consumers about how their personal emails were accessed and used.