Class Action Waivers 'Emasculate' FLSA, 2nd Circ. Told

Law360, New York (May 21, 2012, 5:00 PM EDT) -- Arbitration agreements that bar employees from pursuing wage-and-hour claims on a classwide basis undermine the Fair Labor Standards Act, the National Employment Lawyers Association said Monday in a brief urging the Second Circuit to reject an appeal by Ernst & Young LLP.

The appeals court should affirm a New York federal judge's decision not to compel individual arbitration of former Ernst & Young accountant Stephanie Sutherland's overtime claims against the company, which she is hoping to pursue as a collective action, NELA said in a proposed...
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