NLRB’s Isolated Position on Class and Collective Action Waivers Takes Another Hit

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

D.R. Horton – The Sequel: NLRB Finds Collective Action Waiver in Arbitration Agreement Unenforceable, Rejects Circuit Court Precedent on the Issue

By Squire Patton Boggs on October 29, 2014 Posted in NLRB

A three-member majority of the National Labor Relations Board on October 28 reaffirmed employees’ right to bring class and collective action claims [pdf]. In a case against Murphy Oil USA, the Board stood by its earlier decision in D.R. Horton, Inc. [pdf] in which it ruled that requiring employees to waive their right to bring class and … Continue Reading

Fifth Circuit Overrules Key Portion of recent NLRB Decision – Arbitration Agreements Containing Class Action Waivers Held Enforceable

By Daniel Pasternak on December 3, 2013 Posted in NLRB, Wage and Hour

In a highly anticipated decision, the Fifth Circuit Court of Appeals declined to enforce the key portion of the National Labor Relations Board’s (NLRB) decision in D.R. Horton, Inc. In January 2012, the NLRB ruled that an arbitration agreement between an employer and an employee that required the employee to bring any claims against the … Continue Reading