02 Oct ethics and law
39416When Stephen Morris and Kelly McDaniel went to work for Ernst & Young they were required to sign agreements not to join with other employees in bringing legal claims against the company. Instead, they agreed to pursue any legal claims through individual arbitration.
Morris nevertheless brought a class and collective action suit against the accounting firm, claiming it had misclassified him to deny him overtime wages in violation of FLSA.
1. Should the court enforce the agreement, or is filing a class action a kind of “concerted activity” that is protected by the NLRA? Define and explain.
2. Research: Find out how the court ruled in Morris v. Ernst & Young, 2016 WL 4433080 (9th Cir. 2016).
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