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20 Nov 2019, 2:35 pm
We know that not every business or every divorce will require the same strategies and solutions, and we work with you to ensure the best future for you and your business. [read post]
20 Nov 2019, 2:35 pm
We know that not every business or every divorce will require the same strategies and solutions, and we work with you to ensure the best future for you and your business. [read post]
25 Oct 2019, 4:30 am
Because of the potential for a large unknown future liability, this issue became the most significant issue, in the last few years, among domestic and foreign employers in labor and employment law in Korea. [read post]
21 Oct 2019, 12:19 pm
Unpredictable political shifts make it difficult for the financial services industry to plan for the future, which ultimately stifles innovation, limits access to credit, and hurts consumers. [read post]
11 Sep 2019, 3:12 pm
The Board in MV Transportation announced that it would no longer apply the “clear and unmistakable waiver” standard when evaluating the lawfulness of an employer’s unilateral change in working conditions and that it would decide such cases in the future by means of the “contract coverage” test. [read post]
11 Sep 2019, 9:14 am
And while the finding of “perfectly clear” is in the end essentially a factual question, the standards governing the application of those facts (e.g., whether the “perfectly clear” doctrine only applies when a buyer intends to hire all of the predecessor’s union-represented employees), may yet be the subject of future decisions by the current Board. [read post]
10 Sep 2019, 12:41 pm
The real significance of this decision is the Board’s foreshadowing of future action. [read post]
27 Aug 2019, 5:00 pm
Specifically, the District’s Collective Bargaining Agreement (“CBA”) with the Salinas Valley Federation of Teachers treated teachers who taught an extra period as a separate class of employees; the CBA considered both classes of teachers – those who taught the extra period and those who did not – as having worked full-time. [read post]
27 Aug 2019, 7:38 am
Instead, the enacted law provides only that, unless it satisfies the rules above for conditions of employment to be enforceable: Any agreement, clause, covenant, or waiver that is a unilateral condition of employment or continued employment and requires the employee or prospective employee to waive, arbitrate, or otherwise diminish any existing or future claim, right, or benefit related to an unlawful employment practice to which the employee or prospective employee would otherwise be… [read post]
19 Aug 2019, 9:09 am
The first round of proposed changes did not address many of the more controversial aspects of the current election rules, and it remains to be seen what the future amendments will hold. [read post]
9 Aug 2019, 8:38 am
Even if they could, that’s not a good idea b/c litigated cases don’t just resolve conflict b/t the parties; they’re supposed to tell us how to shape our future actions, and if it’s individualized CBA then there’s functionally no precedent because of changes in markets, individuals. [read post]
8 Jul 2019, 4:00 am
In light of the potentially drastic effects that a waiver of the right to adjust future staffing levels entails, a clause that addresses both job security and safety concerns is considered a job security clause that must meet this stringent test to be enforceable (see e.g. [read post]
5 Jul 2019, 12:39 pm
Furniture Co. of the Pacific, 333 NLRB 717 (2001), if an employer receives evidence, within a reasonable period of time before its existing CBA expires, that the union representing its employees no longer enjoys majority support, it may withdraw recognition when the CBA expires and suspend bargaining over a successor contract – this is referred to as “anticipatory” withdrawal of recognition. [read post]
9 May 2019, 4:00 am
Respondent also argues that petitioner’s claim that respondent violated a collective bargaining agreement (“CBA”) between respondent and the Port Byron Teachers’ Association (“PBTA”) must be resolved through the grievance procedure in the CBA, the exclusive means of settlement resolution. [read post]
9 May 2019, 4:00 am
Respondent also argues that petitioner’s claim that respondent violated a collective bargaining agreement (“CBA”) between respondent and the Port Byron Teachers’ Association (“PBTA”) must be resolved through the grievance procedure in the CBA, the exclusive means of settlement resolution. [read post]
9 May 2019, 4:00 am
Respondent also argues that petitioner’s claim that respondent violated a collective bargaining agreement (“CBA”) between respondent and the Port Byron Teachers’ Association (“PBTA”) must be resolved through the grievance procedure in the CBA, the exclusive means of settlement resolution. [read post]
9 May 2019, 4:00 am
Respondent also argues that petitioner’s claim that respondent violated a collective bargaining agreement (“CBA”) between respondent and the Port Byron Teachers’ Association (“PBTA”) must be resolved through the grievance procedure in the CBA, the exclusive means of settlement resolution. [read post]
29 Mar 2019, 12:10 am
The Supreme Court, in short, opined that the choice to obtain a license should not disallow the challenging of the validity of the patent in the future since, inter alia, royalties can cause a significant burden on a licensee and challenging a patent can be costly and time consuming and some parties may reasonably choose to forego the challenge for the future. [read post]
8 Mar 2019, 6:20 am
Making matters worse, our court system is predicated on an adversarial approach developed in the middle ages, which makes perfect sense when processing the disputes of the arm’s-length parties to a motor vehicle accident or a shareholder’s grievance, but has disastrous implications for family members with children who must maintain a functioning relationship with each other into the indefinite future. [read post]
3 Mar 2019, 1:52 pm
It noted particularly that the arbitrator had made no finding as to whether grievant was likely to refrain from similar conduct in the future. [read post]
