The National Labor Relations Board has been a thorn in the Fifth Circuit's said these past few years. Several days ago, however, the panel court made it perfectly clear that it hadn't changed its mind with regards to the proper scope of the National Labor Standards Act.
The issue at bar (now apparently settled) is whether or not employers can require the signing of mandatory arbitration clauses that preclude employee lawsuits against the company. The answer? Such clauses are allowed.