Legal Alert - Ninth Circuit Joins Second and Eighth Circuits in Rejecting D.R. Horton
September 13, 2013
by Swen Prior and Karl O. Riley
Recently, in Richards v. Ernst & Young, No. 11-17530, 2013 WL 4437601 (9th Cir. August 21, 2013), the Ninth Circuit joined two other federal circuits, the Second and the Eighth, in rejecting the application of the National Labor Relations Board’s (“NLRB”) decision of In re D.R. Horton, 357 N.L.R.B. No. 184, 2012 WL 36274 (Jan., 3, 2012).
In D.R. Horton, the NLRB invalidated an arbitration agreement requiring an employee to waive class arbitration because it purportedly violated the National Labor Relations Act by infringing the employee’s right to seek collective action.
©2022 Snell & Wilmer L.L.P. All rights reserved. The purpose of this publication is to provide readers with information on current topics of general interest and nothing herein shall be construed to create, offer, or memorialize the existence of an attorney-client relationship. The content should not be considered legal advice or opinion, because it may not apply to the specific facts of a particular matter. As guidance in areas is constantly changing and evolving, you should consider checking for updated guidance, or consult with legal counsel, before making any decisions.