Daily Labor Report®

Case: Discrimination/Arbitration (2d Cir.)

Nov. 18, 2019, 8:52 PM

The Second Circuit overrules a federal district court in New York, and holds that an arbitrator properly certified a class of female employees of Sterling Jewelers, Inc.—who alleged gender-based pay disparity—that included employees who did not affirmatively opt in to the specific arbitration proceeding before the arbitrator. The arbitrator was within her authority in purporting to bind the absent class members to class proceedings because all the employees signed an arbitration agreement that grants the arbitrator the power to decide issues with respect to class arbitrability. The question of whether that class should’ve been certified as a mandatory class or...

To read the full article log in. To learn more about a subscription click here.