E&Y Can't Force Arbitration Of OT Suit, 2nd Circ. Hears

Law360, New York (May 14, 2012, 4:33 PM EDT) -- In a case that may impact the enforceability of class action waivers in employment arbitration agreements, the plaintiff in a proposed overtime class action against Ernst & Young LLP told the Second Circuit on Friday that forcing arbitration of her claims would thwart her statutory rights.

The accounting firm had asked the Second Circuit to overturn U.S. District Judge Kimba Wood's denial of its motion to compel arbitration of former employee Stephanie Sutherland's individual claim. Ernst & Young maintained the judge misapplied the appeals courts decision...
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