Perspective
Dec. 12, 2013
Horton hears a death knell
It is difficult to see the justices agreeing with the NLRB on this class action waiver case if it does reach the U.S. high court. By Ronald W. Novotny
On Dec. 3, the 5th U.S. Circuit Court of Appeals denied enforcement of the National Labor Relations Board's 2012 decision in D.R. Horton, which held that arbitration agreements containing class action waivers interfered with the ability of employees to engage in concerted activity in violation of the National Labor Relations Act. D.R. Horton Inc. v. NLRB, 12-60031. The court specifically found that the NLRB's decision di...
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