Appeals Court, Citing Amex, Says Wage Claim Must Arbitrate

Less than two months after the Supreme Court’s decision in American Express v. Italian Colors, it was applied in a closely watched appeals court case. The Second Circuit Court of Appeals — the same court that sent up the Amex case – acknowledged it was constrained by that decision, as it found that a class action waiver was valid and that a plaintiff who was seeking $1,867 in allegedly unpaid overtime from Ernst & Young had to pursue her claim through individual arbitration.