Employers can also appeal to the D.C. Circuit under the NLRA's appellate venue provision. One thing that is clear is that the fight over the enforceability of class and collective action waivers is far from over. Footnotes 1 Morris et al. v. Ernst & Young, LLP, No. 13-16599 (9th Cir. Aug. 22, 2016). 2 D.R. Horton Inc ., 357 NLRB 184 (2012). 3 See Murphy Oil U.S.A., Inc. v. NLRB, 808 F.3d 1013 (5th Cir. 2015); D.R. Horton, Inc. v. NLRB, 737 F.3d 344 (5th Cir. 2013); Sutherland v.