March 8, 2018 / 1:37 AM / a year ago

2nd Circuit says arbitrator must decide on Wells Fargo class arbitrations

An arbitrator and not a court must decide whether six former Wells Fargo financial advisors have to arbitrate their claims for overtime pay individually or can pursue class arbitration, a federal appeals court ruled Wednesday.

A three-judge panel of the 2nd U.S. Circuit Court of Appeals rejected Wells Fargo Advisors’ bid to force the former employees’ claims into individual arbitration. The employment contracts signed by the workers clearly delegate to an arbitrator the question of whether arbitration as a class is permitted, said U.S. Circuit Judge Raymond Lohier, who wrote the opinion. Circuit Judges Pierre Leval and Reena Raggi joined in the decision.

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