1st Circ. Rejects Class Arbitration For Au Pair Wage Suit

By Brian Dowling (July 12, 2021, 2:10 PM EDT) -- A Massachusetts au pair must arbitrate her wage claims against a Connecticut placement agency on an individual basis because their agreement doesn't allow class arbitration, the First Circuit said Friday.

A three-judge panel, in an opinion by U.S. Circuit Judge Sandra L. Lynch, upheld the lower court's analysis of au pair Laura Fernandez-Jimenez's agreement with Connecticut-based American Institute for Foreign Study Inc.

"The arbitration clause is silent about class arbitration," the panel said. "And the waiver clause only mentions class actions in precluding the parties from litigating as a class."

Agreeing with U.S. District Judge Nathaniel M. Gorton, the First Circuit was...

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