News & Analysis as of September 18, 2024

D.R. Horton v NLRB

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

The Practical NLRB Advisor: Issue 7 Fall 2017

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/14/2017

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the fall 2017 issue of the Practical NLRB Advisor. This issue considers how the confirmation of management-side attorney...more

A New Era For Labor Relations? Lawyers Predict Fate Of Top 10 Key Issues

Fisher Phillips on 9/6/2017

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...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

Sixth Circuit Adds to Circuit Split About the Enforceability of Class and Collective Action Waivers in Employment Arbitration...

BakerHostetler on 6/7/2017

The Sixth Circuit just became the third federal court of appeals to hold that an arbitration provision requiring employees covered by the National Labor Relations Act (NLRA) to arbitrate individually all employment-related...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

U.S. Supreme Court to Decide Class Action Waiver Divide

Sheppard Mullin Richter & Hampton LLP on 1/24/2017

On January 13, 2017, the United States Supreme Court consolidated and granted review of the three following cases involving the legality of arbitration agreements which contain class action waivers: National Labor Relations...more

Supreme Court to Decide Class Action Waiver Issue

McGuireWoods LLP on 1/16/2017

The Supreme Court issued an order today agreeing to hear three cases involving the National Labor Relations Board’s holding that class and collective class action waivers violate Section 8(a)(1). According to the Board’s...more

The Practical NLRB Advisor - Issue 4, Winter 2017

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/11/2017

The National Labor Relations Board (NLRB) continued making life more difficult for employers in 2016. The agency issued a host of decisions that significantly expand the number and type of individuals that unions can seek to...more

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

Littler on 11/10/2016

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

Broadening Split on Viability of Class Waivers in Employment Arbitration Agreements Invites SCOTUS

Moore & Van Allen PLLC on 10/11/2016

In the years following the U.S. Supreme Court’s AT&T Mobility v. Concepcion decision, more and more courts enforced class waivers in arbitration agreements based on the commands of the Federal Arbitration Act (FAA). The...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

Eighth Circuit Rules That NLRB Erred By Invalidating Employment Agreements Requiring Individual Arbitration

Carlton Fields on 7/5/2016

We previously reported on a federal circuit split that has developed over the enforceability of arbitration provisions waiving class actions in employment agreements. Compare December 19, 2013 (D. R. Horton) and November 9,...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

NLRB Continues Attack on Class and Collective Action Waivers

Littler on 2/23/2016

There seems to be no end in sight to the standoff between the National Labor Relations Board and at least a majority of the federal courts over the legality of arbitration agreements that require employees to waive the right...more

"Class Action Waivers: Are They Enforceable?"

Skadden, Arps, Slate, Meagher & Flom LLP on 1/23/2016

Class action waivers in arbitration agreements continue to occupy the attention of the National Labor Relations Board (NLRB), and uncertainty in this area of law raises ongoing concerns for employers. In D.R. Horton, Inc.,...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

Fifth Circuit Stands Pat, Again Rejects NLRB Attempt To Void Class And Collective Action Waiver

Seyfarth Shaw LLP on 10/30/2015

As expected, the Fifth Circuit once again has rejected the NLRB’s highly controversial position that the National Labor Relations Act (“NLRA”) prohibits employers from requiring mandatory arbitration agreements that preclude...more

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 9/11/2015

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

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 Again Attempts to Invalidate Mandatory Arbitration Clauses for Employment Claims

Mintz - Employment, Labor & Benefits... on 12/10/2014

In its Murphy Oil decision, the National Labor Relations Board affirmed its 2012 holding in D. R. Horton, which found an employer violates the NLRA when it requires employees “as condition of their employment, to sign an...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

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