In a closely-watched case, D.R. Horton, Inc. v. National Labor Relations Board, ___ F.3d ___ (5th Cir. Dec. 3, 2013), the Fifth Circuit, by a 2-1 vote, relied heavily on Concepcion in reversing the NLRB's ruling that requiring employees to sign a no-class-action arbitration agreement was an unfair labor practice in contravention of the National Labor Relations Act. In re D. R. Horton, Inc., 357 NLRB No. 184, 2012 WL 36274 (N.L.R.B. Jan. 3, 2012).
Consumer Law & Policy Blog has a more detailed post on the Fifth Circuit opinion.
This development is of interest to those handling employment cases involving arbitration clauses with class action bans. The California Court of Appeal considered and declined to follow the NLRB's decision in Iskanian v. CLS Transp. Los Angeles, LLC, 206 Cal.App.4th 949 (2012), Nelsen v. Legacy Partners Residential, Inc., 207 Cal.App.4th 1115 (2012), and other cases.
The California Supreme Court has granted review in Iskanian, so it is possible that Court may address this issue when it resolves that case. Iskanian v. CLS Transportation, No. S204032 (review granted 09/19/12). The briefing in the case was completed in July, and oral argument has not yet been set.