In an eagerly anticipated decision, last Friday the United States Court of Appeals for the Second Circuit issued its decision in Sutherland v. Ernst & Young. Applying the Supreme Court’s recent holding in American Express v. Italian Colors, the Court held that plaintiff Sutherland is obligated to pursue her claims for wage claims
federal arbitration act
Oxygen Network and Parent NBC Succeed in Compelling Arbitration of Class Wage Claims
By Noel P. Tripp on
Posted in Litigation
With the policy behind arbitration embodied in the Federal Arbitration Act (FAA) reinforced by a series of Supreme Court decisions (Stolt-Nielsen (2010); Concepcion (2011) and Greenwood (2012)), employers continue to implement mandatory arbitration programs under the FAA. Among the many reasons to consider implementation of such a program is the utility of a class/collective action…
Eighth Circuit Rejects D.R. Horton and Other Arguments, Upholds Class/Collective Action Waiver Contained in Arbitration Agreement
By Noel P. Tripp on
Posted in Class Actions
The issue of the enforceability of an employee’s agreement to arbitrate disputes with his or her employer on solely an individual basis and related waiver of the right to proceed in a representative capacity (i.e., class or collective action basis) continues to wend its way through to the higher courts. Ultimately, this issue…
Connecticut District Court Upholds Collective Actions Waivers, Orders Individual Arbitrations
By Noel P. Tripp on
Posted in Class Actions
While courts continue to issue varied rulings regarding the appropriateness of collective action certification in FLSA litigations, employers continue to attempt to limit exposure to such broad allegations through several mechanisms. One of these strategies is inclusion of class/collective waiver provisions in arbitration, employment or separation agreements. Such provisions bar initiation and participation in class or collective…