USB Checking Accountholders to get their Day in CourtSan Diego, CA On August 10, the Southern District of California agreed to reconsider its own ruling in an overdraft fees lawsuit that forced the dispute into arbitration. On reconsideration, it reversed itself. This breathes new life into Reyna McGovern’s contention that U.S. Bank charged bank overdraft fees that were not permitted under the terms of the account agreement that she and many other customers signed. Now they get a chance to have their claims heard in court. The Order Granting the Motion for Reconsideration may have implications for other Californians who, perhaps unwittingly, signed arbitration agreements when they opened a checking account.
Supreme Court Blocks Teachers from Suing Church Schools for Job DiscriminationLos Angeles, CA The bad news for lay teachers is that on July 8, in
Our Lady of Guadalupe School v. Morrissey-Berru, the U.S. Supreme Court severely limited the rights of Catholic school elementary teachers to sue for employment discrimination under the federal Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA). Justice Sotomayor captured the stunned reaction in her dissent: “That cannot be right.”
July 1 Minimum Wage Rates Affect Other California Prevailing Wage RulesLos Angeles, CA On July 1 the minimum wage rate increased in 13 California cities and counties, including Los Angeles and San Francisco. Most minimum wage workers in these jurisdictions should have already seen the difference. These increases also ripple through California prevailing wage laws in less obvious ways. Employers who fail to comply with the full implications of the required wage increases may not have seen wage and hour lawsuits yet, but they likely will.
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