2nd Circuit: Lack Of Financial Incentive Doesn't Invalidate Arbitration Agreement

2nd Circuit: Lack Of Financial Incentive Doesn't Invalidate Arbitration Agreement

NEW YORK - Under the U.S. Supreme Court's ruling in American Express Co. v. Italian Colors Restaurant (133 S. Ct. 2304 [2013]), an employee cannot invalidate a class action waiver provision in an arbitration agreement when the waiver removed the financial incentive for her to pursue a claim under the Fair Labor Standards Act (FLSA), the Second Circuit U.S. Court of Appeals ruled Aug. 9 (Stephanie Sutherland, et al. v. Ernst & Young LLP, No. 12-304, 2nd Cir.; 2013 U.S. App. LEXIS 16513).

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