By: Ronald J. Kramer, Esq.
Earlier today, April 16, 2014, the Fifth Circuit Court of Appeals denied the NLRB’s petition for rehearing en banc in D.R. Horton v. NLRB, No. 12-60031 (5th Cir. Dec. 3, 2013). D.R. Horton is the decision in which the Fifth Circuit reversed the NLRB’s determination (357 NLRB No.…
By: Anne D. Harris, Esq.
Despite heavy criticism and the Court of Appeals for the Fifth Circuit’s recent invalidation of the National Labor Relations Board’s (“NLRB”) D.R. Horton decision, the NLRB has not revised its position on class action waivers in employment arbitration agreements. Perhaps not surprisingly, the Board has not only ignored the…
By: Howard M. Wexler, Esq.
As our loyal blog readers are most certainly aware, the National Labor Relations Board’s D.R. Horton decision has been heavily criticized by courts around the country. In fact, earlier this month the Second Circuit Court of Appeals in Sutherland v. Ernst & Young LLP [discussed here] overturned a…
