A former Ernst & Young employee must pursue her wage-and-hour claim against the accounting firm through individual arbitration rather than a class action, the U.S. Court of Appeals for the Second Circuit has ruled in reversing a lower court judge in light of the U.S. Supreme Court's recent decision in American Express v. Italian Colors Restaurant, 133 S. Ct. 2304.
The circuit panel ruled on Friday in Sutherland v. Ernst & Young, 12-304-cv, that the Supreme Court had compelled it to reverse its previous position that class action waivers are not enforceable when they make it economically impossible for plaintiffs to vindicate their rights.
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