Thus, while in the past the Gentry rule "regularly resulted in the invalidation of class waivers" in the employment setting, those days are now gone. Continued Rejection of the NLRB's D.R. Horton Ruling The National Labor Relations Board ("NLRB") in D.R. Horton & Cuda (2012) created a new challenge to class arbitration waivers in employment agreements by ruling that such waivers violate employees' right to engage in "concerted activity" under the National Labor Relations Act ("NLRA"). As a reminder, this right also applies to employees in non-unionized workforces. While the NLRB has continued to stand by this interpretation, courts have broadly rejected the ruling. For example, the U.S. Court of Appeals for the Fifth Circuit (covering Texas, Louisiana, and Mississippi) refused to enforce the D.R. Horton ruling on appeal.