NLRB Again Invalidates Arbitration Agreements

Law360, New York (November 19, 2015, 9:40 AM EST) -- Recently, in Acevedo v. Amex Card Servs. Co., Case No. 28-CA-123865, the National Labor Relations Board again found that arbitration agreements that include class action waivers are illegal and unenforceable under the National Labor Relations Act and the NLRB's prior decisions in D.R. Horton Inc. and Murphy Oil USA Inc. The U.S. Court of Appeals for the Fifth Circuit subsequently rejected these prior decisions. This more recent case, however, originates in the U.S. District Court for the District of Arizona, which falls under the Ninth Circuit Court of Appeals.

The Acevedo decision arises from a lawsuit filed by several employees of...

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