Employment Class Action Blog

Employment Class Action Blog

Information and Commentary on Class Action Cases Affecting Employers

Search Results for: D.R. Horton

High-Court Showdown Looming? NLRB Defends D.R. Horton Section 7 Decision with Full-Throated Rebuttal in Murphy Oil

Posted in Arbitration, NLRB

In the wake of federal circuit courts rejecting its position on the issue of class action waivers, the National Labor Relations Board is digging in its heels, perhaps preparing itself for a Supreme Court battle.  Employers must continue to beware that their employment arbitration agreements barring class claims may still be found unenforceable by the … Continue Reading

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 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