News & Analysis as of

D.R. Horton v NLRB Employment Contract

Benesch

Supreme Court Lays D.R. Horton Debate to Rest; Rejects NLRB Position That Class Waivers Violate Employee Rights

Benesch on

On Monday, May 21, 2018, the United State Supreme Court, in a 5-4 opinion written by Neil Gorsuch, ended a six-year dispute started by the National Labor Relations Board’s (“NLRB”) 2012 decision in D.R. Horton, 357 NLRB 2277...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Class Action Waiver Update: Will a Switch in Time Persuade Nine?

It was no surprise when, on June 16, 2017, numerous business and employer groups (including several represented by Ogletree Deakins) filed over a dozen amicus briefs supporting the employers in the three class action waiver...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Class Action Waiver Update: Ogletree Deakins Files Supreme Court Amicus Brief Supporting Businesses and Employers

On June 16, 2017, Ogletree Deakins filed an amicus brief in the class action waiver cases that are currently before the Supreme Court of the United States: National Labor Relations Board v. Murphy Oil USA, Inc., Epic Systems...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

Sherman & Howard L.L.C.

A Court Abandons Horton

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

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

Mintz - Employment, Labor & Benefits...

NLRB Again Attempts to Invalidate Mandatory Arbitration Clauses for Employment Claims

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

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

Moore & Van Allen PLLC

“Loath to create a circuit split,” the Fifth Circuit Overturns NLRB’s D.R. Horton Ruling that Class Arbitration Waivers in...

Moore & Van Allen PLLC on

The Fifth Circuit Court of Appeals recently rendered its long-awaited decision in D.R. Horton, Inc. v. NLRB, No. 12-60031 (5th Cir. Dec. 3, 2013), revised December 4, 2013, which reversed the National Labor Relations Board...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

McNees Wallace & Nurick LLC

NLRB Decisions To Fall Like Dominos?

As you may have heard, the District of Columbia Circuit Court of Appeals recently sent shockwaves through the labor relations world by holding that President Obama's "recess" appointments to the National Labor Relations Board...more

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