Analysis

DOJ's Class Waiver Shift Complicates DR Horton Defense

Law360, New York (June 20, 2017, 10:17 PM EDT) -- The U.S. Department of Justice's recent refusal to throw its weight behind National Labor Relations Board precedent in a U.S. Supreme Court battle over the legality of mandatory arbitration agreements with class waivers added new obstacles for the NLRB in defending the position — first expressed in its controversial D.R. Horton ruling — that such agreements violate federal labor law, experts say.

The DOJ's rare about-face came in a brief it filed with the U.S. Supreme Court on Friday saying that agreements between employers and their workers to bilaterally arbitrate any employment-related claims have to be enforced under the Federal Arbitration...

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