NLRB Administrative Law Judge Rejects Opt-Out Arbitration Policy, Expands Controversial D.R. Horton Decision

In MasTec Services Co. Inc., Case. No. 16-CA-086102 (“MasTec”), an NLRB Administrative Law Judge (“ALJ”) added an additional twist to the already controversial NLRB decision D.R. Horton Inc., 357 N.L.R.B. No. 184 (Jan. 3, 2012). In D.R. Horton, the Board decided that a mandatory arbitration agreement that precludes an employee from participating in class or collective actions violates Section 8(a)(1) of the National Labor Relations Act (“NLRA”) — a decision that has been heavily criticized. But on June 3, the ALJ in MasTec took D.R. Horton one step further, concluding that providing employees with the chance to opt out of such a provision still violates employee rights under federal law. 

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