Fifth Circuit Invalidates NLRB Order Prohibiting Clauses In Covered Employment Agreement Waiving Class/Collective Claims and Requiring Individual Arbitration
December 4, 2013

In the controversial case of D.R. Horton v. National Labor Relations Board (No. 12-60031, Dec. 3, 2013), the US Court of Appeals for the Fifth Circuit today vacated, in a 2-1 decision, orders of the National Labor Relations Board (NLRB) invalidating an employee arbitration agreement that waived class and collective procedures and compelled individual arbitration.  This case, along with sister cases in other Circuits, is likely to come before the US Supreme Court in due course.  In the meantime,...