News & Analysis as of

Federal Arbitration Act › D.R. Horton › Collective Actions

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Proskauer - California Employment Law

NLRB Takes D.R. Horton One Step Further While the Ninth Circuit Upholds Its Contrary Decision

Proskauer - California Employment Law on

On January 17, 2014, the National Labor Relations Board Judge Lisa D. Thompson concluded that an agreement that did not prohibit class or collective action still violated Section 8(a)(1) of the National Labor Relations Act...more

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

Proskauer - Labor Relations

NLRB ALJ Says That Under D.R. Horton, Actions Speak As Loudly as Words

Proskauer - Labor Relations on

A few weeks ago, we posted about the Fifth Circuit’s decision in the D.R. Horton case and the NLRB’s doctrine of non-acquiescence. As you will recall, in D.R. Horton, the NLRB held that an employer violates the right of...more

Fenwick & West LLP

Class Action Waiver in Arbitration Agreement Survives NLRA Challenge

Fenwick & West LLP on

Finding the National Labor Relations Board failed to give appropriate weight to the Federal Arbitration Act, the federal Fifth Circuit Court of Appeals overturned a Board decision invalidating an arbitration agreement that...more

Foley & Lardner LLP

As the Class Waiver Turns — The Latest in the D.R. Horton Saga

Foley & Lardner LLP on

Tuesday, December 3, 2013, marked the latest turn in the D.R. Horton saga. On Tuesday, the Fifth Circuit Court of Appeals rejected the National Labor Relations Board’s (the Board’s) January 3, 2012 ruling in the D.R. Horton...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Upholds The Validity Of Class-Action Waivers In Arbitration Agreements

Sheppard Mullin Richter & Hampton LLP on

Earlier this week, on December 3, 2013, the Fifth Circuit Court of Appeals held that arbitration agreements lawfully can contain class-action waivers. In its ruling in D.R. Horton, Inc. v. National Labor Relations Board, the...more

Bracewell LLP

Fifth Circuit Upholds Arbitration Agreement Prohibiting Employee Collective or Class Action Claims

Bracewell LLP on

On Tuesday, the U.S. Court of Appeals for the Fifth Circuit joined the Second, Eighth and Ninth Circuits in upholding a class action waiver in an employment arbitration agreement. This is an important victory for employers in...more

Williams Mullen

In Rebuff to Labor Board, Fifth Circuit Sustains Arbitration Agreements with Class Action Waivers

Williams Mullen on

In recent years, employers have faced increased, and increasingly expensive, class action litigation from current and former employees. In response, many employers have turned to arbitration agreements with class-action...more

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

Fifth Circuit Rejects NLRB's D.R. Horton Decision

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

In a major win for employers, the Fifth Circuit Court of Appeals, on December 3, 2013, rejected the highly controversial D.R. Horton, Inc. decision from the National Labor Relations Board (NLRB). ...more

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