Labor/Employment
Jul. 19, 2012
NLRA versus FAA: Why the NLRB got it wrong in D.R. Horton
The board determined that employees have a substantive right to file a class action under the NLRA, and that the FAA could not require a party to forgo that right. By William J. Emanuel, Henry D. Lederman and Vartan S. Mado of Littler Mendelson
In a recent decision potentially affecting hundreds of thousands of private contracts, the National Labor Relations Board has ruled that certain arbitration agreements covered by the Federal Arbitration Act are unlawful and unenforceable.
In D.R. Horton, Inc., 357 NLRB No. 184 (Jan. 3, 2012), a two-member panel of a three-member board held that Section 7 of the National Labor Relatio...
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