Posts tagged Herrington v. Waterstone Mortgage Corporation.
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Seventh Circuit Concludes That Courts, Not Arbitrators, Must Determine Whether Class Claims Are to Be Arbitrated
Categories: FLSA Coverage, State Wage and Hour Laws
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Joining several other federal appellate courts including the Fourth and Ninth Circuits , on October 22, 2018 the Seventh Circuit concluded in Herrington v. Waterstone Mortgage Corporation, No. 17-3609 (7th Cir. Oct. 22, 2018) that the arbitrability of a class claim is one for the court to decide, not the arbitrator. In so doing, the court placed in jeopardy a $10 million arbitration award in a wage-hour case.

Herrington originally filed suit against Waterstone, alleging that Waterstone failed to pay her and other employees minimum wages and overtime pay in violation of  the FLSA ...

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