NLRB Standing (read “Expanding”) Ground on D.R. Horton

By Lori Phillips In the controversial 2012 decision D.R. Horton, Inc., the NLRB held that mandatory arbitration agreements requiring all employment disputes to be resolved through individual (as opposed to class) arbitration violate NLRA § 8(a)(1).  That statute forbids an employer “to interfere with,…
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Class Waiver Enforced, Despite NLRB

By Emily Keimig Despite the NLRB’s stated hostility toward class action waivers between employers and employees, the courts continue to support arbitration agreements that include class action waivers.  In a recent case, the plaintiff sued Bristol Care on behalf of…
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