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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!