E&Y Tells 2nd Circ. AmEx Backs Enforcement Of Class Waiver

Law360, New York (July 1, 2013, 4:36 PM EDT) -- Ernst & Young LLP told the Second Circuit on Friday that a recent U.S. Supreme Court decision in an antitrust case against American Express Co. mandates that the firm's arbitration agreement barring class actions be enforced in a former employee's wage-and-hour suit.

The accounting giant is appealing a district court order refusing to enforce its arbitration agreement, which requires employees to individually arbitrate their claims, in a proposed collective action accusing the firm of misclassifying its accountants as exempt from the Fair Labor Standards Act's overtime requirements.

The appeals...
To view the full article, register now.