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D.R. Horton v. National Labor Relations Board, (Case. No. 12-60031, Dec. 3, 2013)

Articles Discussing Case:

Fifth Circuit Delivers Crippling Blow to Controversial NLRB Class Action Waiver Theory

Fisher Phillips • February 03, 2014
Arbitration is generally supposed to be faster, cheaper, and more predictable than litigation. Homebuilder D.R. Horton, like many other employers, certainly believed this when, in 2006, it began requiring employees to sign arbitration agreements preventing them from suing in court, or from bringing class-action claims in arbitration. But when employee Michael Cuda and a class of similarly-situated employees sought to pursue collective arbitration of their claims against D.R. Horton for alleged unpaid overtime wages in 2008, none of those expectations held true.

Fifth Circuit Delivers Crippling Blow to Controversial NLRB Class Action Waiver Theory

Fisher Phillips • December 13, 2013
Arbitration is generally supposed to be faster, cheaper and more predictable than litigation. Homebuilder D.R. Horton, like many other employers, certainly believed this when, in 2006, it began requiring employees to sign arbitration agreements that prevent them from suing in court or bringing class action claims in arbitration. But when employee Michael Cuda and a class of similarly situated employees sought to pursue collective arbitration of their claims against D.R. Horton for alleged unpaid overtime wages in 2008, none of those expectations held true.

Fifth Circuit Overrules NLRB on D.R. Horton Mandatory Arbitration Case

Franczek Radelet P.C • December 05, 2013
As we previously reported, in D.R. Horton, the NLRB held that a mandatory arbitration agreement that waives employees’ rights to participate in class or collective actions is unlawful under the National Labor Relations Act (NLRA). As recently as last month, the NLRB and its ALJs have continued to rely on D.R. Horton to find unlawful both mandatory and non-mandatory arbitration agreements, and even expanded the case’s holding to further restrict the rights of employers to invoke arbitration agreements, even if such agreements contain opt-out clauses.

Fifth Circuit Rejects NLRB's D.R. Horton Decision

Ogletree Deakins • December 04, 2013
In a major win for employers, the Fifth Circuit Court of Appeals, on December 3, 2013, rejected the highly controversial D.R. Horton, Inc. decision from the National Labor Relations Board (NLRB).

Legal Alert: Fifth Circuit Further Strengthens Class Action Waivers with Latest DR Horton Decision

FordHarrison LLP • December 04, 2013
Executive Summary: In a long awaited decision, D.R. Horton v. National Labor Relations Board, (Case. No. 12-60031, Dec. 3, 2013), the Fifth Circuit Court of Appeals vacated the January 2012 ruling of the National Labor Relations Board ("NLRB") that invalidated an employee's arbitration agreement containing a class action waiver.