The NLRA Does Not Prohibit Class Action Waivers in Arbitration Agreements: The Fifth Circuit's D.R. Hortion Decision

The Fifth Circuit issued its long-awaited decision today in D.R. Horton, Inc. v. NLRB, No. 12-60031 (5th Cir. December 3, 2013).  In the D.R. Horton case, the NLRB held that section 7 of the National Labor Relations Act prohibited class action waivers in mandatory arbitration agreements imposed by employers.  The Fifth Circuit summarized the NLRB's reasoning: