Margaret Thering, Associate in the Labor and Employment and Employee Benefits practices, in the firm's New York office, joins a panel discussion hosted by the New York City Chapter of the Labor and Employment Relations Association ("NYC LERA").

The panel will examine the National Labor Relations Board ("NLRB") decisions in D.R. Horton, Inc. and Baptist Homes of the West d/b/a/ Piedmont Gardens as well as the Circuit Courts decisions associated with these cases.

In D.R. Horton, Inc., the NLRB ruled that the Mutual Arbitration Agreement ("MAA") of the homebuilder violated the National Labor Relations Act ("NLRA") because it required employees, as a condition of employment, to relinquish class and collective action court and arbitration proceedings. Since then, several federal district courts have refused to rely on it and have instead upheld the arbitration agreement at issue.

In Baptist Homes of the West, the NLRB held that witness statements are discoverable unless the employer establishes that the statements are confidential. In so doing, the NLRB Overruled Anheuser-Busch, Inc., which for more than thirty years held witness statements obtained by an employer during an investigation were exempt from disclosure in pre-arbitration discovery.

For more information, please contact Ms. Thering.

Event Detail

Harvard Club
Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.