NLRB Sees Opportunity For Class-Waiver Win At High Court

Law360, New York (September 13, 2016, 11:24 PM EDT) -- The timing of the National Labor Relations Board's request for the U.S. Supreme Court to review whether class action waivers in arbitration agreements are enforceable appears designed to capitalize on the high court's current composition and recent appeals court decisions supporting the NLRB's stance in a tussle with D.R. Horton, experts say.

The labor board filed a petition for review with the court on Friday, appealing the Fifth Circuit's decision last October that upheld arbitration agreements barring Murphy Oil USA Inc. employees from pursuing work-related claims as a group.

The NLRB, which has taken the position that such class waivers violate...

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