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

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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. In a short two-page ruling, the court held that the order of the NLRB was not in line with its D.R. Horton and Murphy Oil decisions, and granted review of the NLRB order. Citi Trends, Inc. v. NLRB, Case No. 15-60913 (5th Cir. Aug. 10, 2016).

 

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