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.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.