The Split Among Circuit Courts in Compelling Individual Arbitration in Class Actions Continues

Pascal Benyamini wrote an article for the LaborSphere blog titled, “The Split Among Circuit Courts in Compelling Individual Arbitration in Class Actions Continues.” Pascal discusses the recent ruling in Morris v. Ernst & Young. Two individuals sued their former employer, Ernst & Young, but as a condition of their employment signed agreements that plaintiffs could only “(1) pursue legal claims against Ernst & Young exclusively through arbitration and (2) arbitrate only as individuals and in ‘separate proceedings.’” The Ninth Circuit found that the employer violated Sections 7 and 8 of the National Labor Relations Act (NLRA) by “requiring employees to sign an agreement precluding them from bringing, in any forum, a concerted legal claim regarding wages, hours, and terms and conditions of employment.”

In doing so, the Ninth Circuit joined the Seventh Court on this issue and against the Second, Fifth and Eighth Circuit Court of Appeals. Pascal encourages employers to carefully evaluate and discuss their agreements with counsel.

Read “The Split Among Circuit Courts in Compelling Individual Arbitration in Class Actions Continues.”