Let’s Give Thanks: Administrative Law Judge Rules NLRB’s D.R. Horton Decision Banning Class Action Waivers Is Unsustainable In Light Of Recent Supreme Court Arbitration Precedent

On November 8, 2013, Administrative Law Judge Bruce D. Rosenstein upheld a class action waiver in a mandatory employment arbitration agreement notwithstanding the NLRB’s controversial ruling in D.R. Horton banning such class action waivers because they purportedly chill employees’ rights to engage in concerted protected activity under Section 7 of the NLRA.

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