FAA Trumps NLRA in D.R. Horton Class Action Waiver Challenge: Fifth Circuit | Practical Law
In D.R. Horton, Inc. v. NLRB, the US Court of Appeals for the Fifth Circuit, in a 2-1 decision, granted the employer's petition to review the National Relations Board's (NLRB) order invalidating its arbitration agreement's class action waiver provision, but unanimously enforced the NLRB's order requiring that that the employer revise the arbitration agreement's language, so that employees would not reasonably understand that it precluded them from filing NLRB unfair labor practice (ULP) charges.