NLRB Class Waiver Ban Survives AmEx Ruling, 5th Circ. Told

Law360, New York (June 27, 2013, 4:05 PM EDT) -- The National Labor Relations Board urged the Fifth Circuit on Wednesday to rebuff D.R. Horton Inc.'s claim that a recent U.S. Supreme Court decision in an antitrust case against American Express Co. should sink the board's ruling that mandatory arbitration agreements barring class actions violate labor law.

The homebuilder is challenging the NLRB's Jan. 2, 2012, decision that the company's mandatory arbitration agreement violated the National Labor Relations Act, a controversial ruling that stemmed from Horton employee Michael Cuda's efforts to launch class litigation under the Fair Labor Standards...
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