Archives: Arbitration

D.R. Horton on Steroids: NLRB Invalidates Arbitration Agreement Without Class Waiver

As reported previously here, the National Labor Relations Board (“NLRB” or the “Board”) in D.R. Horton, Inc., 357 NLRB No. 184 (2012), held that requiring employees to enter into an arbitration agreement containing a class/collective action waiver violated the National Labor Relations Act (the “Act”) because the class action waiver inhibited employees from engaging in … Continue Reading

Employee Accepted Arbitration Offer When She Continued to Work, Sixth Circuit Rules

By Todd Lebowitz on October 31, 2013 Posted in Arbitration, Retail

In a Halloween treat for employers, the Sixth Circuit ruled this morning that an employee had contractually agreed to arbitrate any employment disputes, by continuing her employment after having been notified of the employer’s mandatory arbitration program. Cecilia Tillman v. Macy’s, Inc. is the latest in a line of cases analyzing the enforceability of mandatory arbitration clauses … Continue Reading