Calif. Appeals Court Refuses To Follow DR Horton

Law360, New York (July 19, 2012, 9:18 PM EDT) -- A California appeals court on Wednesday refused to heed the National Labor Relations Board's ruling that arbitration agreements containing class waivers can violate federal labor law, saying that a property manager hoping to bring a wage-and-hour class action must pursue individual arbitration.

The First Appellate District found that former Legacy Partners Residential Inc. property manager Lorena Nelsen could not prove that the arbitration agreement in the company's employee handbook was unconscionable or that enforcing it, despite its preclusion of class arbitration, would violate the law or public...
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