Litigation
Sep. 17, 2016
Class action waiver split may go up
A 9th Circuit ruling that an employer cannot force employees to pursue work-related claims individually through concerted action waivers will create uncertainty and will engender more litigation until the U.S. Supreme Court settles the issue. By Raymond F. Lynch and Emily Leahy
Raymond F. Lynch
Partner
Hanson Bridgett LLP
425 Market St
San Francisco , CA 94105
Email: rlynch@hansonbridgett.com
Last month, in a 2-1 decision, the 9th U.S. Circuit Court of Appeals ruled Ernst & Young cannot force employees to pursue work-related claims individually through so-called "concerted action waivers." Morris v. Ernst & Young LLP, 2016 DJDAR 8732 (Aug. 22, 2016). As a condition of employment, employees were required to sign agreements that contained a "concerted action waiver" (a term coined by the co...
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