Employment Class Action Blog

Employment Class Action Blog

Information and Commentary on Class Action Cases Affecting Employers

Category Archives: NLRB

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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

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