Homebuilder D.R. Horton's employment arbitration agreement precludes classwide arbitration. The National Labor Relations Board found that this violated labor law. The Fifth Circuit disagreed with the NLRB in reliance on the Federal Arbitration Act.
D.R. Horton, Inc. v. Nat’l Labor Relations Bd., __ F.3d __, 2013 WL 6231617 (5th Cir. Dec. 4, 2013).
Marty Heller says of the Fifth Circuit's decision it "very quietly overturned the NLRB" and "this decision provides an interesting conversation starter regarding the active (perhaps overactive) NLRB."