Despite criticism from some United States Courts of Appeals, the National Labor Relations Board (“NLRB”) has reasserted its position in D.R. Horton in which it held that class-action lawsuits are protected under the National Labor Relations Act (“NLRA”).  Murphy Oil USA, Inc., 361 NLRB No. 72 (Oct. 28, 2014).

In its 2012 D.R. Horton