By Christian J. Rowley

On January 3, 2012 decision in D.R. Horton, 357 NLRB 184, the NLRB held that employer-employee agreements mandating the arbitration of non-National Labor Relations Act (NLRA) claims, but prohibiting class actions, violate the NLRA (see our One Minute Memo: http://www.seyfarth.com/publications/omm010712).

While nothing is certain, it is highly likely that this…