Washington, D.C. – Today, American Rights at Work executive director Kimberly Freeman Brown issued the following statement in response to the National Labor Relations Board’s decision in D.R. Horton, Inc., which ruled that the company cannot prevent employees from bringing workplace grievances as a class under its mandatory arbitration agreement.

“Under the National Labor Relations Act (NLRA), employees have full freedom to engage in concerted activity for aid or protection. D.R. Horton’s decision to enforce its arbitration agreement by dividing a class of workers facing overtime violations into single units was a clear violation the NLRA—and a threat to all employees who seek access to justice through any dispute resolution mechanism.

“Because when a company refuses to allow workers to join together to arbitrate claims, it raises the costs to individual employees, dissuades other employees from following through with their claims, and increases the likelihood that workers will be coerced during the process. In other words, the balance of power shifts even more toward lawbreaking corporations.

“Particularly in these tough economic times, it’s critical that we safeguard employees’ ability to join together to improve their workplace and ensure that they are fairly compensated for their work. The NLRB acted rightfully in deciding against the company.”