Employment Class Action Blog

Employment Class Action Blog

Information and Commentary on Class Action Cases Affecting Employers

Search Results for: D.R. Horton

U.S. Supreme Court Nixes Obama Recess Appointees To NLRB

Posted in NLRB

D.R. Horton Ruling May Survive, However With all due respect, Meatloaf, you were wrong. It turns out that two out of three is, in fact, bad. The United States Supreme Court held today that President Obama’s 2012 appointments to the National Labor Relations Board were not valid recess appointments under the United States Constitution. NLRB … Continue Reading

California Supreme Court Again Considers the Validity of Class and Representative Action Waivers

Posted in PAGA

Today, in a highly-anticipated decision, the California Supreme Court in Iskanian v. CLS Transportation Los Angeles, Inc. (Case No. S204032), resolved several long-standing questions regarding the impact of class and representative action  waivers under California law.  The Court’s prior Discovery Bank v. Superior Court (2005),decision was invalidated by the U.S. Supreme Court in AT&T Mobility … Continue Reading

Does D.R. Horton Apply Arbitration Agreements Without A Class Action Waiver?

Posted in Arbitration, NLRB

Our sister blog, Employment Law Spotlight, recently reported on the decision of an NLRB administrative law judge regarding the legality of an arbitration agreement under D.R. Horton, Inc., 357 NLRB No. 184 (2012).   We all know that D.R. Horton held that class action waivers in arbitration agreements might be unfair labor practices because of their … Continue Reading

Fifth Circuit Rejects NLRB’s D.R. Horton Decision – Too Soon For Champagne?

Posted in Arbitration, NLRB

Co-Authored By: Todd A. Dawson Arbitration is quickly becoming a major vehicle to resolve individual employee disputes.  Now another obstacle to enforcing those arbitration agreements and class action waivers may have been removed. The Fifth Circuit issued a 2-1 decision on Tuesday in which the court largely denied enforcement of the National Labor Relations Board’s … Continue Reading

Employment Class Action Mashup: Dukes, Class Waivers, the NLRB and the Pitfalls of California Law

Posted in Class Action, Events, FLSA

   Employment Class Action Mashup:Dukes, Class Waivers, the NLRB and thePitfalls of California LawTuesday, October 29, 201312:00 p.m. – 1:15 p.m. EDT BakerHostetler’s National Employment Class Action team will address recent class action decisions and how they are impacting businesses around the United States. In the wake of Dukes, D.R. Horton and several other recent decisions relating … Continue Reading

California District Court Compels Arbitration of Class and Collective Wage and Hour Claims

Posted in Class Action, Wage and Hour

Dorothy Gale famously remarked upon finding herself in Oz “Toto, I’ve got a feeling we’re not in Kansas anymore.”  Class action wage and hour plaintiffs on the west coast are now awakening to the fact that while they may still be in California, California isn’t California any more. In May we noted the almost overnight … Continue Reading

That’s A Spicy Meatball!

Posted in Antitrust, Class Action

What Does The Supreme Court’s Decision In Italian Colors Mean For The NLRB’s D.R. Horton Decision?  As our readers will no doubt recall, the Supreme Court boldly struck a blow for truth, justice and the American Way a few years ago in its approval of class action waivers in AT&T Mobility v. Concepcion, 131 S. … Continue Reading