Sutherland v. Ernst & Young LLP

The question presented in this appeal is whether an employee can invalidate a class-action waiver provision in an arbitration agreement when that waiver removes the financial incentive for her to pursue a claim under the Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. § 201, et seq. In light of the supervening decision of the Supreme Court in American Express Co. v. Italian Colors Restaurant, — U.S. -, 133 S.Ct. 2304, 186 L.Ed.2d 417 (2013), we answer that question in the negative, and reverse the contrary decision of the United States District Court for the Southern District of New York…