Employment partner Gerald Maatman was quoted in the January 9 edition of The AmLaw Litigation Daily. The article reported on the National Labor Relations Board’s (NLRB) rejection of an arbitration agreement requiring D.R. Horton employees to waive their class action rights. Some were surprised by the ruling, as it seems to contradict the U.S. Supreme Court’s ruling in AT&T Mobility v. Concepcion, which made it easier for defendants to enforce arbitration agreements with would-be class action plaintiffs.
The article emphasized the significance of Concepcion, mentioning that according to Seyfarth Shaw’s 2012 Workplace Class Action Litigation Report, last year the case was cited in federal and state courts in 215 rulings. Jerry commented that the NLRB’s latest ruling will generate just as much discussion.
"[Employers in all 50 states] are operating on a playing field in flux," Jerry remarked. "Employment lawyers advising companies on workplace arbitration agreements are very busy these days."