Michelle Richards v. Ernst & Young, LLP

OPINION

Defendant Ernst & Young, LLP appeals the district court’s denial of its motion to compel arbitration of state wage and hour claims asserted by its former employee, Michelle Richards. 1 The defendant filed the motion after the Supreme Court’s decision in AT & T Mobility LLC v. Concepcion, — U.S. -, 131 S.Ct. 1740, 179 L.Ed.2d 742 (2011). The district court determined that Ernst & Young had waived its right to arbitration by failing to assert that right as a defense in an action brought by two other former employees, David Ho and Sarah Fernandez, whose action had been consolidated with…