The Future Of Compelled Arbitration In Calif. Courts

Law360, New York (February 13, 2014, 2:10 PM EST) -- Last December, the Fifth Circuit issued its long-awaited decision in D.R. Horton Inc. v. National Labor Relations Board, holding that employers may require employees to sign arbitration agreements categorically waiving the right to pursue employment claims in a collective or class action.

In doing so, the Fifth Circuit rejected the NLRB’s opinion that such agreements violate employees’ right under Section 7 of the National Labor Relations Act to engage in “concerted activities for the purpose of collective bargaining or other mutual aid or protection.”

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