5th Circ. Poised To Weigh NLRB Class Waiver Ban

Law360, New York (February 1, 2013, 3:20 PM EST) -- The Fifth Circuit is scheduled to hear arguments Tuesday in the appeal of the National Labor Relations Board's controversial D.R. Horton ruling, a case that attorneys say could not only determine the fate of class action waivers in the employment context but also whether decisions that involved former NLRB member Craig Becker can stand.

At oral arguments Tuesday, homebuilder D.R. Horton will ask the appeals court to overturn the NLRB's Jan. 2, 2012,  decision that the company's mandatory arbitration agreement violated federal labor law because workers...
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