News & Analysis as of September 21, 2024

D.R. Horton v NLRB

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Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -

Supreme Court Lays D.R. Horton Debate to Rest; Rejects NLRB Position That Class Waivers Violate Employee Rights

Benesch on 6/6/2018

On Monday, May 21, 2018, the United State Supreme Court, in a 5-4 opinion written by Neil Gorsuch, ended a six-year dispute started by the National Labor Relations Board’s (“NLRB”) 2012 decision in D.R. Horton, 357 NLRB 2277...more

New York Appellate Court Strikes Down Class Action Waivers

Seyfarth Shaw LLP on 7/21/2017

As our loyal readers are well aware, the U.S. Supreme Court is scheduled to hear oral argument in its Fall 2017 term regarding the enforceability of arbitration agreements with class and collective action waivers. This has...more

Mandatory Arbitration, Class Waivers, and the Future of Wage-Hour Litigation: 6th Circuit Shows One Reason Why High Court...

Seyfarth Shaw LLP on 6/27/2017

Employers have faced questions about the enforceability of arbitration agreements with class and collective action waivers since the NLRB’s highly controversial D.R. Horton decision in 2012, which held that the waivers...more

NLRB's General Counsel Issues Memo on Arbitration Issue Pending at Supreme Court

Littler on 2/6/2017

As a result of the Supreme Court’s recent decision to grant certiorari and address the dispute over whether class and collective action waivers are lawful in an arbitration agreement, many employers have asked whether similar...more

Fifth Circuit Follows Precedent In Upholding Employment Agreement Containing Class Action Waivers

Carlton Fields on 1/26/2017

Relying on D.R. Horton Inc. v. NLRB and Murphy Oil, USA v. NRLB, the Fifth Circuit found the NLRB’s decision that Citibank violated the National Labor Relations Act by requiring employees to sign an arbitration agreement...more

Fifth Circuit Follows D.R. Horton And Murphy Oil Precedent, Ruling That An Arbitration Agreement Prohibiting Employee Class Or...

Carlton Fields on 9/6/2016

The Fifth Circuit refused to enforce an order of the NLRB that found an arbitration agreement was invalid because it waived an employee’s right to maintain employment related class or collective actions....more

Circuit Courts Weigh Employee Arbitration Waiver Agreements with Divergent Results

Ballard Spahr LLP on 6/9/2016

Conflicting decisions issued within one week of each other from the U.S. Courts of Appeals for the Seventh and Eighth Circuits exemplify the ongoing debate in circuit courts across the country about the enforceability of...more

Seventh Circuit Finds Class Action Waivers in Arbitration Agreements are Illegal and Unenforceable under the NLRA

Littler on 5/31/2016

On May 26, 2016, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Lewis v. Epic-Systems Corp., finding that the company's arbitration agreement, which prohibits employees from participating in “any...more

Fifth Circuit Upholds Arbitrations with Class Waivers – Gasses NLRB in Murphy Oil Case

Bradley Arant Boult Cummings LLP on 11/3/2015

More frequently, employers are turning to arbitration agreements to keep lawsuits out of court and prevent the threat of run-away juries. Many arbitration agreements also contain class action waivers which require employees...more

NLRB Finds Mandatory Arbitration Clause Unenforceable

Carlton Fields on 7/13/2015

An administrative law judge for the National Labor Relations Board (“Board”) found in favor of Talina Torres (“Torres”) against Employers Resource (“Employers”) after determining that an arbitration clause within an...more

NLRB Sticks To D.R. Horton

Sherman & Howard L.L.C. on 5/11/2015

Recently in Chesapeake Energy Corp., 362 NLRB No. 80 (Apr. 30, 2015), the NLRB held fast to its ruling in D.R. Horton, Inc., 357 NLRB No. 184 (2012). The employer required its employees to sign an arbitration agreement as a...more

The National Labor Relations Board 2014 Year in Review - Overview of the Board's Significant Actions

McNees Wallace & Nurick LLC on 1/22/2015

Introduction - If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although...more

NLRB Reaffirms D.R. Horton Decision Invalidating Arbitral Class Action Waivers

Littler on 11/12/2014

In a controversial decision that rejects the precedent of numerous federal and state courts, the National Labor Relations Board (NLRB) has reaffirmed its earlier decision in D.R. Horton, Inc., 357 NLRB No. 184 (2012). In...more

High-Court Showdown Looming? NLRB Defends D.R. Horton Section 7 Decision with Full-Throated Rebuttal in Murphy Oil

BakerHostetler on 11/5/2014

In the wake of federal circuit courts rejecting its position on the issue of class action waivers, the National Labor Relations Board is digging in its heels, perhaps preparing itself for a Supreme Court battle. Employers...more

No Class Action Waivers in Arbitration Agreements, Says NLRB

Hinshaw & Culbertson LLP on 11/3/2014

The National Labor Relations Board (NLRB) has decided to follow its own oft-criticized 2012 decision in D.R. Horton, holding that arbitration agreements barring class action lawsuits about working conditions, which are signed...more

Fifth Circuit Denies NLRB Petition to Review D.R. Horton. What It Means for Employers...

JD Supra Perspectives on 4/16/2014

The decision affects every employer with an arbitration agreement and every employer that wants to avoid class and collective actions, which should be all of them....more

NLRB Takes D.R. Horton One Step Further While the Ninth Circuit Upholds Its Contrary Decision

Proskauer - California Employment Law on 2/12/2014

On January 17, 2014, the National Labor Relations Board Judge Lisa D. Thompson concluded that an agreement that did not prohibit class or collective action still violated Section 8(a)(1) of the National Labor Relations Act...more

D.R. Horton on Steroids: NLRB Invalidates Arbitration Agreement Without Class Waiver

BakerHostetler on 1/28/2014

As reported previously here, the National Labor Relations Board (“NLRB” or the “Board”) in D.R. Horton, Inc., 357 NLRB No. 184 (2012), held that requiring employees to enter into an arbitration agreement containing a...more

D.R. Horton Still Alive: NLRB Judge Says Employer’s Intent to Compel Employees to Waive Class Claims Renders Arbitration Clause...

Moore & Van Allen PLLC on 1/28/2014

Although the Circuit Courts of Appeals that have addressed the issue currently stand united in the view that class arbitration waivers in individual employment contracts do not violate the National Labor Relations Act...more

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Arbitration › Arbitration Agreements › D.R. Horton v NLRB

Supreme Court Lays D.R. Horton Debate to Rest; Rejects NLRB Position That Class Waivers Violate Employee Rights

New York Appellate Court Strikes Down Class Action Waivers

Mandatory Arbitration, Class Waivers, and the Future of Wage-Hour Litigation: 6th Circuit Shows One Reason Why High Court...

NLRB's General Counsel Issues Memo on Arbitration Issue Pending at Supreme Court

Fifth Circuit Follows Precedent In Upholding Employment Agreement Containing Class Action Waivers

Fifth Circuit Follows D.R. Horton And Murphy Oil Precedent, Ruling That An Arbitration Agreement Prohibiting Employee Class Or...

Circuit Courts Weigh Employee Arbitration Waiver Agreements with Divergent Results

Seventh Circuit Finds Class Action Waivers in Arbitration Agreements are Illegal and Unenforceable under the NLRA

Fifth Circuit Upholds Arbitrations with Class Waivers – Gasses NLRB in Murphy Oil Case

NLRB Finds Mandatory Arbitration Clause Unenforceable

NLRB Sticks To D.R. Horton

The National Labor Relations Board 2014 Year in Review - Overview of the Board's Significant Actions

NLRB Reaffirms D.R. Horton Decision Invalidating Arbitral Class Action Waivers

High-Court Showdown Looming? NLRB Defends D.R. Horton Section 7 Decision with Full-Throated Rebuttal in Murphy Oil

No Class Action Waivers in Arbitration Agreements, Says NLRB

Fifth Circuit Denies NLRB Petition to Review D.R. Horton. What It Means for Employers...

NLRB Takes D.R. Horton One Step Further While the Ninth Circuit Upholds Its Contrary Decision

D.R. Horton on Steroids: NLRB Invalidates Arbitration Agreement Without Class Waiver

D.R. Horton Still Alive: NLRB Judge Says Employer’s Intent to Compel Employees to Waive Class Claims Renders Arbitration Clause...

NLRB Standing (read “Expanding”) Ground on D.R. Horton

NLRB ALJ Says That Under D.R. Horton, Actions Speak As Loudly as Words

D.R. Horton and the Arbitration Hotchpotch: Emerging “Rules” and the Future of Compelled Arbitration in California

Class Action Waiver in Arbitration Agreement Survives NLRA Challenge

Horton Hears a Reversal

Fifth Circuit Permits Class Action Waivers In Arbitration Agreements

Arbitration › Arbitration Agreements › D.R. Horton v NLRB

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