The National Labor Relations Board (NLRB) has reinstituted a union-friendly standard for determining whether an employer’s unilateral changes to the terms and conditions of employment violate the National Labor Relations Act...more
The National Labor Relations Board returned to prior precedent, making it more difficult for employers to defend against unfair labor practice charges alleging a unilateral change in violation of the National Labor Relations...more
This week, in an expected decision, the National Labor Relations Board (“NLRB” or “Board”) reinstated its prior “clear and unmistakable” waiver standard—a standard that has been much criticized by the courts—for determining...more
In a significant move, the National Labor Relations Board (NLRB) just overruled a Trump-era ruling and made it more challenging for unionized employers to make workplace changes without bargaining over the change with the...more
On Tuesday, December 10, 2024, the National Labor Relations Board (“the Board”) limited an employer’s right to make unilateral changes in the workplace, restoring one of “the oldest and most familiar doctrines” in labor law:...more
For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on January 20, 2025....more
On September 25, 2024, the U.S. Court of Appeals for the First Circuit issued its decision in Toth v. Everly Well, Inc. Socially Aware spoke to Lawrence Gallick (of counsel in Morrison Foerster’s Austin office) about the case...more
On August 8, 2024, the U.S. District Court for the Eastern District of Virginia in Lovinfosse v. Lowe’s Home Centers, LLP addressed the enforceability of an arbitration clause in Lowe’s terms of service, serving as a reminder...more
The National Defense Authorization Act of 2023 includes a short but interesting provision reminding the Department of Defense (DoD) that the unilateral insertion of a new clause in a DoD contract is a change that may entitle...more
While the United States Supreme Court has made clear that class action waivers in arbitration clauses can be enforced, plaintiffs’ counsel continue to find creative ways to challenge these types of arbitration agreements....more
Whether an employer’s unilateral change to employee procedures violates the National Labor Relations Act (NLRA) is determined by whether the change “falls within the compass or scope of contract language that grants the...more
This week, we take a look at two Ninth Circuit decisions concerning the employer-employee relationship. In the first, the Court let the lawsuit against the NFL for its negligent handling of drug distribution to its injured...more
HKA and Vinson & Elkins are pleased to present a webinar on “Considerations For Companies Entering the Federal Contracting Space.” Vinson & Elkins partner, Dan Graham, along with HKA Partners Greg Bingham and Mike LaCorte...more
Recent decisions in Singapore and New Zealand confirm that the courts are prepared to act to provide greater certainty and support to stakeholders in cryptoassets....more
As summer turned to fall, the National Labor Relations Board (“NLRB” or the “Board”) issued a steady stream of decisions with significant and favorable implications for employers. In the flurry of recent decisions, the Board...more
The National Labor Relations Act (NLRA) requires employers with a unionized workforce to bargain in good faith with the union over mandatory subjects of bargaining (e.g., wages, hours, and other terms and conditions of...more
In MV Transportation, Inc., a 3 to 1 majority of the National Labor Relations Board recently abandoned the “clear and unmistakable waiver” standard that the Board had historically used to determine whether unilateral changes...more
On September 10, 2019, the National Labor Relations Board (the “Board”) adopted the “contract coverage” standard for determining whether a unionized employer’s unilateral change in a term or condition of employment is a...more
This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more
Private sector unionized employers will now have more certainty in making unilateral work rule and policy modifications as a result of the National Labor Relations Board’s (“Board”) decision in MV Transportation, Inc., 368...more
Labor Board Ditches the “Clear and Unmistakable Waiver” Standard in Favor of the Employer-Friendly “Contract Coverage” Test - 2019 has been the “Summer of Love” for employers at the Trump-administration National Labor...more
It is well established that, in general, employers, whose employees are represented by a union, commit unfair labor practices by making any material, substantial and significant change regarding most terms and conditions of...more
Many employers loathe the prospect of unionization due to the potential of a union hampering such employer’s ability to make operational changes to adapt to business demands. Many employers signatory to a collective...more
On September 10, 2019, the National Labor Relations Board issued a favorable decision that makes it easier for employers to demonstrate that a unilateral change in terms and conditions of employment was permitted by the...more
Continuing its trend of pro-employer rulings, the National Labor Relations Board (NLRB) ruled that instead of a “clear and unmistakable waiver” standard, a “contract coverage” standard should apply when considering whether...more