Tag Archives: “D.R. Horton”

NLRB Judge Follows D.R. Horton Despite Differences In Company’s Arbitration Procedure

By John Lewis on July 12, 2012 Posted in Arbitration

A National Labor Relations Board (“NLRB”) Administrative Law Judge (“ALJ”) found a company’s mandatory arbitration agreement violated the National Labor Relations Act (“NLRA”) despite the fact that its arbitration procedure permitted employees to act concertedly to challenge the terms of the agreement and provided the parties could jointly agree to class claims. On July 2, … Continue Reading

Court Rejects NLRB’s Restrictive View of Class Action Waivers in Arbitration

By John Lewis on May 17, 2012 Posted in Arbitration, Meal and Rest Periods

NLRB’s D.R. Horton Decision and Public Policy Cannot Undermine Concepcion – Morvant v. P.F. Chang’s China Bistro, Inc. A Northern District of California judge has held that neither the National Labor Relations Board’s (“NLRB”) decision in D.R. Horton, Inc., 357 N.L.R.B. No. 184 (January 3, 2012), nor the Norris-LaGuardia Act, 29 U.S.C. §§ 101 et … Continue Reading

The Supreme Court Reaffirms Mandatory Arbitration in Compucredit Corp. v. Greenwood: The Antidote for D.R. Horton?

By John Lewis on January 20, 2012 Posted in Arbitration

Is the Supreme Court’s January 10th opinion in CompuCredit Corp v. Greenwood.pdf a potential antidote for the National Labor Relations Board’s (“NLRB”) decision in D.R. Horton? Perhaps. CompuCredit Corp. considered whether the Credit Repair Organizations Act (“CROA”), 15 U.S.C. § 1679 et seq., foreclosed enforcement of an arbitration agreement in a class action filed in the … Continue Reading

NLRB Holds Class Action Waivers Violate the National Labor Relations Act

By John Lewis on January 9, 2012 Posted in Arbitration, FLSA

In the much anticipated ruling in D.R. Horton, Inc. and Michael Cuda.pdf, released Friday, January 6, the National Labor Relations Board (“NLRB”) held that the Company violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) by “requiring employees to waive their right to collectively pursue employment-related claims in all forums, arbitral and judicial.” The … Continue Reading