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Mediators of Southern California

New Appellate Arbitration Opinion from Fifth Circuit

Employers can require employees to sign arbitration agreements waiving all rights to class-action lawsuits over workplace grievances, but must clarify that individual complaints to NLRB are permitted.

 

D.R. Horton, Inc. v. National Labor Relations Board, U.S. Court of Appeals for the Fifth Circuit, case no. 12-60031, filed 12/3/13

 

Link: http://www.ca5.uscourts.gov/opinions/pub/12/12-60031-CV0.pdf

 

“Every one of our sister circuits to consider the issue has either suggested or expressly stated that they would not defer to the NLRB’s rationale, and held arbitration agreements containing class waivers enforceable. See Richards v. Ernst & Young, LLP, – F.3d — , No.11-17530, 2013 WL 4437601, at *2 (9th Cir. Aug. 21, 2013); Sutherland v. Ernst

& Young LLP, 726 F.3d 290, 297-98 n.8 (2d Cir. 2013); Owen v. Bristol Care,

Inc., 702 F.3d 1050, 1055 (8th Cir. 2013).”

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