How should a worker’s “regular rate of pay” be computed when the worker receives a flat sum bonus in addition to an hourly wage? The answer is crucial since, under California law, an employer must pay a worker 1.5 times the worker’s “regular rate of pay” for “overtime”—that is, work in excess of 8 hours in a day, 40 hours… Read More
In 1963, Congress enacted the Equal Pay Act (29 U.S.C. § 206(d)(1)), requiring equal pay for equal work regardless of sex. Under the Act, an employer may justify paying male and female employees different wages for substantially equal work only by showing that the disparity in pay is explained by a seniority or merit system, a system basing earnings on… Read More
A copy of Erik Kemp's and Scott Hyman's article "The Consumer Financial Protection Bureau Regulates Pay-by-Phone “Convenience” Fees", CFSC Newsletter: ABA Business Law Section, (March 2018) can be found here: https://www.americanbar.org/content/dam/aba/administrative/business_law/newsletters/CL230000/full-issue-201803.authcheckdam.pdf Read More
On March 15, 2018, in Anaheim, California, a team of Severson lawyers offered their expertise in consumer reporting to members of the California Financial Services Association. The presentation, entitled “Best Practices and Avoiding Problems in Credit Reporting”, was presented by Andrew Elliott, Scott Hyman, Rebecca Saelao, Alisa Givental, Rochelle Smith, and An Le and included topics on current developments, best… Read More
Compliance has been a top concern for mortgage professionals for the past several years. From implementation and technological difficulties to being left in a state of uncertainty—how can the industry keep focus on the core mission of serving the housing market and making the American Dream more accessible? Continue Reading: A Balancing Act with Compliance Regulation Read More
The Consumer Financial Protection Bureau Regulates Pay-by-Phone “Convenience” Fees, CFSC Newsletter: ABA Business Law Section, (March 2018) Read More
Andrew W. Noble will present at the March 15, 2018, meeting of the California Bar Association’s Consumer Financial Services Committee on recent changes to California Homeowner Bill of Rights (HBOR). The HBOR statutes in effect since 2012 sunset on January 1, 2018, but were immediately replaced by a parallel set of statutes that, in some key ways, alter a mortgage… Read More
View the SW Winter 2018 Newsletter Since its founding over 70 years ago, Severson & Werson has gained a reputation for providing specialized advice, legal services and expertise to financial institution clients. The services we provide run the gamut, from litigation to regulatory matters, legislative affairs and formulating and implementing national strategies for such things as defending consumer class action… Read More
The Ninth Circuit recently determined, in Pinnacle Rest. at Big Sky, LLC v. CH SP Acquisitions, LLC (In re Spanish Peaks Holdings II, LLC), 862 F.3d 1148 (9th Cir. 2017), that a sale of real property free and clear of liens and interests under Section 363(f) of the United States Bankruptcy Code, 11 U.S.C. § 363(f) (“Section 363(f)”), can terminate… Read More
In what should end a long-simmering legal brushfire, the Ninth Circuit held that the Federal Housing Finance Agency’s (“FHFA”) so-called “Federal Foreclosure Bar” preempts Nevada’s homeowners' association lien super-priority statute, thereby protecting Fannie/Freddie mortgage liens from being extinguished through foreclosure of later-recorded homeowners association liens. Berezovsky v. Moniz, et al., 869 F.3d 923 (9th Cir. 2017). Berezovsky purchased a home… Read More
On July 5, 2017, the Ninth Circuit Court of Appeals dealt a blow to Provident Savings Bank, FSB (“Provident”) in a class action suit brought against Provident by mortgage underwriters who sued for overtime compensation under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et seq. The Ninth Circuit agreed with plaintiffs that they had been misclassified by… Read More
With the recently alleged data breach of Equifax, the data security of financial institutions’ customer information is once again in the news. And once again, as with every data breach, a flurry of lawsuits has followed. The purpose of this article is to highlight one area of legal exposure with data breaches that applies only to financial institutions. Section 6285… Read More
“Resistance” is now the battle cry of the self-anointed defenders of consumer rights. But this is nothing new for the California Supreme Court, which for over 20 years has resisted the mandate in the Federal Arbitration Act (“FAA”) to enforce arbitration agreements despite their collateral effect on class actions. Beginning with Southland Corp. v. Keating, 465 U.S. 1 (1984), and reaching… Read More
Automobile Finance Law in the Emerging Autonomous and Mobility Ecosystem, (S&W Financial Services Law White Paper) Read More
Joel L. Halverson will be presenting "Leveling the Playing Field - Contract Negotiation Strategies for Design Professionals" on Thursday, February 15, 2018. We are currently experiencing a “seller’s market” in which owners and developers are finding it to be a challenge to find good help. Construction professionals can take advantage of this economic climate to secure important contractual protections we… Read More
Rebecca Saelao and Megan Kelly from Severson’s San Francisco office and Scott Hyman and Rochelle Smith from Severson’s Orange County office attended the American Bar Association’s Consumer Financial Services Committee’s Winter Conference from January 6-9, 2018 in Park City, Utah. On January 7th, the Committee honored the passing of the Firm’s founder, James Werson, in 2017. Orange County Member-in-Charge, Scott… Read More
In this Article, Severson partners Rebecca Saelao and Scott Hyman discuss the effect of a class action plaintiff’s dismissal of claims or damages at the instruction of class counsel in order to conform their individual claim to the claims of the putative class and, purportedly, to better their chances for class certification. 2017 Claim Trimming Article Read More
California State and Federal Courts Have Different Class Certification Rules on Whether Putative Class-members Must Be Ascertainable (S&W Financial Services Law, Winter 2017) Read More
The Effect of Claim-Trimming on Class Certification in TCPA Cases, 71 Conf. Cons. Fin. L. Q. 83 (Winter 2017) Read More
