Where Will It Stop? ALJ Takes Controversial D.R. Horton Decision One Step Further

Despite heavy criticism and the Court of Appeals for the Fifth Circuit’s recent invalidation of the National Labor Relations Board’s (“NLRB”) D.R. Horton decision, the NLRB has not revised its position on class action waivers in employment arbitration agreements. Perhaps not surprisingly, the Board has not only ignored the criticism but instead continues to stretch the boundaries of its reach. In Leslie’s Poolmart, Inc., a recent decision by an NLRB Administrative Law Judge (“ALJ”), demonstrates that tendency. There, the ALJ expanded the Board’s D.R. Horton holding to include arbitration agreements that are silent on the issue of class and collective claims.

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