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Update on Class Action Waivers Under the NLRB – D.R. Horton Revived!NEWS!

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On October 28, 2014 in Murphy Oil USA, Inc. and Sheila M. Hobson (361 NLRB No. 72, 10–CA–038804, 10/28/14) the National Labor Relations Board ("NLRB") rejected the circuit court's ruling finding that the employer's (Murphy Oil USA) class action waiver contained in its arbitration agreement was unenforceable because it violated the National Labor Relations Act ("NLRA"). The NLRB contends the Supreme Court has appointed it the authority responsible for the enforcement of the NLRA. The NLRB decision would appear to fly in the face of the U.S. Supreme Court's prior decisions by purporting to protect the "rights of employees to pursue work-related legal claims together, i.e., with one another, for the purpose of improving their working conditions." See Murphy Oil USA, Inc.

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