Class Waiver Battle Appears Destined For Supreme Court

By Matthew Bultman (August 24, 2016, 9:48 PM EDT) -- The Ninth Circuit widened a split among appeals courts Monday when it ruled Ernst & Young LLP can't force employees to pursue work-related claims individually, increasing the likelihood the U.S. Supreme Court will weigh in on the hot-button issue.

In a 2-1 decision, the appeals court struck down an arbitration clause in Ernst & Young's employment agreement that barred workers from joining together to bring legal claims. Following the lead of the National Labor Relations Board, it ruled mandatory class action waivers violate the right to engage in concerted action under federal labor law.

The decision is important, not just because...

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