D.R. Horton or Bust: NLRB Continues to Rely on Controversial Decision To Invalidate Class Action Waivers

As our loyal blog readers are most certainly aware, the National Labor Relations Board’s D.R. Horton decision has been heavily criticized by courts around the country. In fact, earlier this month the Second Circuit Court of Appeals in Sutherland v. Ernst & Young LLP overturned a lower court’s ruling and enforced a class action waiver in the wage-hour context and said it would “decline to follow” D.R. Horton and “owe[s] no deference to its reasoning,” especially given the fact that “In re D.R. Horton may have been decided by the National Labor Relations Board without a proper quorum.” 

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