News & Analysis as of

Employer Liability Issues › D.R. Horton v NLRB

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

Sherman & Howard L.L.C.

NLRB Sticks To D.R. Horton

Sherman & Howard L.L.C. on

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

Sherman & Howard L.L.C.

A Court Abandons Horton

Sherman & Howard L.L.C. on

In February 2013, we reported on a federal court in Idaho that followed the NLRB’s D.R. Horton decision and ruled that agreements to arbitrate all claims solely on an individual basis were unenforceable. Here’s the rest of...more

McNees Wallace & Nurick LLC

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

McNees Wallace & Nurick LLC on

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

Carlton Fields

NLRB Reaffirms Its D.R. Horton Decision, Ruling That Employment Agreements Requiring Individual Arbitration Are Unlawful

Carlton Fields on

On February 16, 2012, we reported on the National Labor Relations Board’s D.R. Horton decision, which ruled that arbitration agreements that are signed as a condition of employment and preclude employees from bringing joint,...more

Manatt, Phelps & Phillips, LLP

Employment Law - November 2014 #2

Manatt, Phelps & Phillips, LLP on

EEOC’s Wellness Challenge Feeling Under the Weather - Why it matters: The Equal Employment Opportunity Commission’s (EEOC) efforts to challenge employer wellness programs hit a snag when a federal court judge in...more

Fenwick & West LLP

Fenwick Employment Brief - November 2014

Fenwick & West LLP on

Jury to Decide Adequacy of FMLA Recertification Notice Delivered by Email - A recent case allowing an employee to take claims under the federal Family and Medical Leave Act (“FMLA”) to trial underscores the importance...more

Franczek P.C.

NLRB Administrative Law Judge Expands D.R. Horton; Strikes Down Arbitration Agreement With Opt-Out Provision

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

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