5th Circ. Rejects NLRB Class Waiver Ban

Law360, New York (December 3, 2013, 12:42 PM EST) -- The Fifth Circuit on Tuesday rejected the National Labor Relations Board's ruling that arbitration agreements barring employees from pursuing class or collective claims violate federal labor law, siding with homebuilder D.R. Horton Inc.

A divided Fifth Circuit panel found that the NLRB's decision did not give proper weight to the Federal Arbitration Act, holding that the use of class action procedures is "not a substantive right" and that the National Labor Relations Act does not contain a congressional command that prevents arbitration agreements from being enforced on...
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