News & Analysis as of

D.R. Horton Class Action Arbitration Waivers Class Action

Sherman & Howard L.L.C.

The War on Employment Arbitration

The Seventh Circuit just created a split in the Federal Courts of Appeals by ruling an employment arbitration provision that did not permit arbitration of collective claims was not enforceable because it violated the National...more

Moore & Van Allen PLLC

D.R. Horton Déjà Vu: Will NLRB be Forced to Respect Class Action Waivers for Employers Doing Business in 5th Circuit?

Moore & Van Allen PLLC on

As it stands, the National Labor Relations Board (“NLRB”) has taken the position that class action waivers in individual employee/employer arbitration agreements are illegal and the agency continues to invalidate these...more

Littler

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

Littler on

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

Parker Poe Adams & Bernstein LLP

Fifth Circuit Will Not Review Decision Rejecting NLRB Position on Class Action Arbitration Waivers

As previously reported in EmployNews, federal courts across the U.S. continue to hear cases challenging the inclusion of class and collective action waivers in mandatory arbitration agreements between employers and employees....more

BakerHostetler

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

BakerHostetler on

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

Proskauer - Labor Relations

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

A few weeks ago, we posted about the Fifth Circuit’s decision in the D.R. Horton case and the NLRB’s doctrine of non-acquiescence. As you will recall, in D.R. Horton, the NLRB held that an employer violates the right of...more

Genova Burns LLC

Horton Hears a Reversal

Genova Burns LLC on

On Tuesday, December 3rd, the Fifth Circuit Court of Appeals upheld the enforcement of mandatory arbitration provisions that include a class waiver. In D.R. Horton, Inc. v. NLRB, 2013 U.S. App. LEXIS 24073 24073 (5th Cir....more

Troutman Pepper

Fifth Circuit Permits Class Action Waivers In Arbitration Agreements

Troutman Pepper on

The Fifth Circuit Court of Appeals recently handed a victory to employers in D.R. Horton, Inc. v. National Labor Relations Board, 12-60031, 2013 W.L. 6231617 (5th Cir. Dec. 3, 2013), reversing an Order of the National Labor...more

Foley & Lardner LLP

As the Class Waiver Turns — The Latest in the D.R. Horton Saga

Foley & Lardner LLP on

Tuesday, December 3, 2013, marked the latest turn in the D.R. Horton saga. On Tuesday, the Fifth Circuit Court of Appeals rejected the National Labor Relations Board’s (the Board’s) January 3, 2012 ruling in the D.R. Horton...more

Stoel Rives LLP

Foiled Again: DR Horton Overturned (But Be Careful How You Phrase Your Arbitration Agreement)

Stoel Rives LLP on

Earlier this week, a three judge panel of the Fifth Circuit Court of Appeals issued its long-awaited decision in DR Horton Inc. v. NLRB. As expected by most labor lawyers, including us, the Fifth Circuit (with one judge...more

Spilman Thomas & Battle, PLLC

Tackling Class Actions Before They Start

Courts continue to make it easier for employers to adopt arbitration agreements and class action waivers. In our most recent edition of SuperVision Today, we mentioned recent rulings from National Labor Relations Board...more

Littler

Class Action Waiver Is Enforceable Despite NLRA Concerted Activity Provisions

Littler on

On December 3, 2013, in D.R. Horton, Inc. v. National Labor Relations Board, the U.S. Court of Appeals for the Fifth Circuit found that class action waiver provisions contained in mandatory, pre-dispute arbitration agreements...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Upholds The Validity Of Class-Action Waivers In Arbitration Agreements

Earlier this week, on December 3, 2013, the Fifth Circuit Court of Appeals held that arbitration agreements lawfully can contain class-action waivers. In its ruling in D.R. Horton, Inc. v. National Labor Relations Board, the...more

Bracewell LLP

Fifth Circuit Upholds Arbitration Agreement Prohibiting Employee Collective or Class Action Claims

Bracewell LLP on

On Tuesday, the U.S. Court of Appeals for the Fifth Circuit joined the Second, Eighth and Ninth Circuits in upholding a class action waiver in an employment arbitration agreement. This is an important victory for employers in...more

Sherman & Howard L.L.C.

NLRA vs Federal Arbitration Act: Arbitration Wins

In D.R. Horton, Inc., v. NLRB, No. 12-60031 (5th Cir. 2013), the Fifth Circuit overturned an NLRB decision that an employer infringed on employees’ rights by requiring them to sign an arbitration agreement in which they...more

Franczek P.C.

Fifth Circuit Overrules NLRB On D.R. Horton Mandatory Arbitration Case

Franczek P.C. on

As we previously reported, in D.R. Horton, the NLRB held that a mandatory arbitration agreement that waives employees’ rights to participate in class or collective actions is unlawful under the National Labor Relations Act...more

Williams Mullen

In Rebuff to Labor Board, Fifth Circuit Sustains Arbitration Agreements with Class Action Waivers

Williams Mullen on

In recent years, employers have faced increased, and increasingly expensive, class action litigation from current and former employees. In response, many employers have turned to arbitration agreements with class-action...more

Miller & Martin PLLC

The Fifth Circuit’s Rejection of the NLRB’s Ban on Class Waivers - a Victory for Employers

Miller & Martin PLLC on

Earlier this week, the Fifth Circuit Court of Appeals ruled in D.R. Horton, Inc. v. National Labor Relations Board, that arbitration agreements which bar employees from pursuing class actions do not violate federal labor law....more

Morgan Lewis

Fifth Circuit Rejects NLRB’s Ban on Class Action Waivers

Morgan Lewis on

Court disagrees with the National Labor Relations Board’s D.R. Horton holding that arbitration agreements with a class/collective action waiver violate the National Labor Relations Act if the agreement is a condition of...more

Ballard Spahr LLP

Fifth Circuit Rejects NLRB Ruling Invaliding Class Action Waivers in Arbitration Agreements

Ballard Spahr LLP on

On December 3, 2013, the U.S. Court of Appeals for the Fifth Circuit rejected the National Labor Relations Board’s (NLRB) ruling that an employer violates the National Labor Relations Act (NLRA) by requiring employees to...more

BakerHostetler

Fifth Circuit Rejects NLRB's D.R. Horton Decision - Too Soon For Champagne?

BakerHostetler on

Arbitration is quickly becoming a major vehicle to resolve individual employee disputes. Now another obstacle to enforcing those arbitration agreements and class action waivers may have been removed. ...more

FordHarrison

Fifth Circuit Further Strengthens Class Action Waivers With Latest DR Horton Decision

FordHarrison on

In a long awaited decision, D.R. Horton v. National Labor Relations Board, (Case. No. 12-60031, Dec. 3, 2013), the Fifth Circuit Court of Appeals vacated the January 2012 ruling of the National Labor Relations Board ("NLRB")...more

JD Supra Perspectives
D.R. Horton v National Labor Relations Board

Court of Appeals Opinion in D.R. Horton v NLRB

JD Supra Perspectives on

Full text copy of the Dec 3, 2013, 5th Circuit Court of Appeals decision in D.R. Horton v NLRB, overturning a previous NLRB ruling on worker arbitration agreements in what is being described as "a big win for employers."...more

JD Supra Perspectives

A Huge Win for Employers: Q&A With Horton's Lead Lawyer About Today's D.R. Horton v. NLRB Decision

JD Supra Perspectives on

Today, the 5th U.S. Circuit Court of Appeals issued their much anticipated decision in D.R. Horton v. NLRB, overturning an earlier National Labor Relations Board ruling on worker arbitration agreements that was at the heart...more

Orrick - Employment Law and Litigation

NLRB Continues to Hold Firm on D.R. Horton Reasoning Despite Contrary Decisions in the Courts

Despite increasing rejection of the NLRB’s controversial D.R. Horton decision by almost all federal courts which have considered it, an NLRB administrative law judge recently felt there was no choice but to follow Board...more

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