Tag Archives: collective action waiver

Fifth Circuit Reverses NLRB Ruling in D.R. Horton

In reversing the NLRB’s determination that D.R. Horton, the national home-builder, violated the National Labor Relations Act (“NLRA”) by requiring employees to sign an arbitration agreement that prohibited them from pursuing claims in class or collective actions, the Fifth Circuit held that “the Board’s decision did not give proper weight to the Federal Arbitration Act,” which encourages the speedy resolution of claims … Continue Reading

Second Circuit Upholds FLSA Collective Action Waivers

The United States Court of Appeals for the Second Circuit issued its much-anticipated decisions in Sutherland v. Ernst & Young and Raniere v. Citigroup Inc. affirming the use of Fair Labor Standards Act (“FLSA”) collective action waivers contained in arbitration agreements. For an excellent summary of the Second Circuit rulings, visit Jackson Lewis’ Wage and Hour … Continue Reading
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