Second Circuit Upholds Class Action Waiver, Cites Supreme Court in Rebuffing the Effective Vindication Doctrine | Practical Law
The US Court of Appeals for the Second Circuit held in Sutherland v. Ernst & Young LLP, that a provision in an employment contract waiving the class action vehicle for wage and hour actions was lawful in light of recent Supreme Court precedent on the issue and in the absence of a contrary command from Congress regarding actions under the Fair Labor Standards Act (FLSA).