Fifth Circuit Rejects NLRB’s En Banc Hearing Request, Setting Up Likely Denial of Enforcement in Murphy Oil, USA In its 2012 decision in D.R. Horton, Inc., the National Labor Relations Board (NLRB) held that employers that require employees to agree to arbitrate employment-related claims, and to do so only on an individual basis, waiving the … Continue Reading
In a much anticipated follow-up to its 2011 decision in AT&T Mobility, LLC v. Concepcion, the U.S. Supreme Court held that a class action waiver in a commercial arbitration agreement between American Express and merchants who accept its charge cards is enforceable under the Federal Arbitration Act, even if the costs the individual merchants would … Continue Reading
