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Mandatory Arbitration Clauses D.R. Horton Federal Arbitration Act

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

Moore & Van Allen PLLC

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

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

Sherman & Howard L.L.C.

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

In the controversial 2012 decision D.R. Horton, Inc., the NLRB held that mandatory arbitration agreements requiring all employment disputes to be resolved through individual (as opposed to class) arbitration violate NLRA §...more

Proskauer - California Employment Law

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

Last December, the Fifth Circuit issued its long-awaited decision in D.R. Horton, Inc. v. NLRB, holding that employers may require employees to sign arbitration agreements categorically waiving the right to pursue employment...more

BakerHostetler

Eighth Cicuit: FLSA Does Not Preclude Enforcement of Class Action Waiver

BakerHostetler on

In a significant victory for employers, the Eighth Circuit, in Owen v. Bristol Care Inc., No. 12-1719, overturned a Missouri district court ruling that class action waivers were unenforceable in FLSA cases....more

FordHarrison

Legal Alert: Eighth Circuit Requires Arbitration Of FLSA Claim And Rejects Board Decision In D.R. Horton

FordHarrison on

The Eighth Circuit recently upheld the validity of a mandatory arbitration agreement containing a class action waiver and ordered the arbitration of an employee's collective action under the Fair Labor Standards Act. See...more

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