The People's Lawyer Consumer News Alert
Center for Consumer Law
  Volume 142 Number 48

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The People’s Lawyer’s Tip of the Day

There are new reports that callers claiming to be from Medicare are asking people for their Medicare numbers, Social Security numbers, and other personal information…in exchange for DNA testing kits. The callers might say the test is a free way to get early diagnoses for diseases like cancer, or just that it’s a free test, so why not take it? But the truth is, Medicare does not market DNA testing kits to the general public. Click here for more.


House passes bill to raise minimum wage to $15 an hour

Democrats in the House passed a measure to raise the minimum wage from the current $7.25 an hour to $15. The 231-199 vote was largely symbolic, however. Though the House measure drew three Republican votes, the GOP -- which controls the Senate -- is unlikely to take it up. Not all Democrats support the idea either, pointing to the economic argument that nearly doubling the minimum wage would likely speed up the automation of many low-skilled jobs and put some of the people the measure is designed to help out of work. Supporters, however, note the legislation would not impose the new minimum wage overnight. It would be implemented gradually between now and 2025. The last minimum wage took effect exactly 10 years ago. Adjusted for inflation, $7.25 in 2009 is equivalent of $8.66 today. Click here for more.


Your Money

A foreclosure can mar your credit report for seven years from the date of your first missed payment. During that time, it can affect your credit score and the way other lenders view your creditworthiness in the future. If you're struggling with your mortgage payments, it's important to understand the foreclosure process, steps you can take to avoid it and what you can do to recover if it happens. Click here for more.


For the Lawyers

Arbitration clause was acknowledged not accepted. The Eighth Circuit agreed with the district court that the applicable arbitration and delegation provisions contained in the employee handbook were not enforceable contracts under Missouri state law. The court noted that agreements to arbitrate are a matter of contract law. While it was undisputed that these arbitration provisions were contained in the electronically-accessible employee handbook, the court found that no contract had been formed under Missouri contract law. On two separate occasions, the plaintiff had been electronically presented with the employee handbook containing these provisions. And on each occasion, the plaintiff clicked on an acknowledgement of review. However, she did not recall actually reviewing the employee handbook, and there was no evidence that she ever reviewed its text. Shockley v. Prime Lending, 8th Cir. Click here for more.

 

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