Ernst & Young Can't Bar Collective Actions, 2nd Circ. Told

Law360, New York (August 26, 2013, 4:14 PM EDT) -- A former Ernst & Young LLP employee urged the Second Circuit on Friday to rethink upholding an arbitration agreement that barred her from pursuing a Fair Labor Standards Act collective action, arguing that Congress' desire to safeguard access to collective actions was woven into the law. 

Stephanie Sutherland's petition for rehearing challenged an Aug. 9 panel ruling in Ernst & Young's favor, which overturned a lower court's refusal to compel arbitration in an overtime lawsuit brought by Sutherland.

In addition to claiming that collective action rights...
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