Latest Publications


Ogletree Deakins’ Founding Shareholder Homer Deakins Presents Testimony to NLRB on Historic Election Rule Proposal

Over 50 speakers testified, some of them on multiple panels, during the National Labor Relations Board’s two-day public meeting on representation election (“R-Case”) procedures on April 10-11. The oral testimony was part of...more

4/15/2014 - Collective Bargaining NLRB NPRM Union Elections Union Representatives Unions

Is an “Ambush” The Best Way for Unions to Win Representation Elections?

The U.S. Department of Labor’s Bureau of Labor Statistics recently published the latest official statistics on union membership for 2013. The figures demonstrate just how far unions must grow in order to reverse the...more

2/7/2014 - Ambush Election Rules DOL Union Elections

NLRB Reissues “Ambush Election” Rules On Steroids

Today, the National Labor Relations Board (NLRB) announced its intention to reissue a Notice of Proposed Rulemaking (NPRM) for what has become known as the “ambush election” rules governing the procedures for union...more

2/6/2014 - Ambush Election Rules NLRA NLRB NPRM Unions

Supreme Court Hears Oral Argument in the Noel Canning “Recess Appointments” Case

This morning, the Supreme Court of the United States heard 90 minutes of oral argument in a landmark case regarding the constitutionality of President Obama’s January 4, 2012 “recess appointments” to the National Labor...more

1/14/2014 - Canning v NLRB NLRB Recess Appointments SCOTUS

A Review of Labor and Employment Policy in 2013: What’s Next in 2014?

As 2013 comes to a close, it’s time to assess what happened and what didn’t happen in Washington, D.C. during the year in terms of labor and employment law legislation, regulations, and litigation. The short version is that...more

1/2/2014 - Affordable Care Act Canning v NLRB Continuing Resolution D.R. Horton D.R. Horton v NLRB Discrimination EEOC ENDA Federal Budget LMRDA NLRB OFCCP OSHA Sexual Orientation Discrimination Silica

The Employment Law Authority - November/December 2013

In This Issue: - Harassment. Are your executive training programs effective? - State Round-Up. Learn about the latest employment law news in your state - Unions. Harold Coxson and Baker Wyche discuss the new...more

12/11/2013 - ADA Compliance Employer Liability Issues FMLA Harassment I-9 ICE Immigrants Persuader Rules SCOTUS Sexual Harassment Termination Training

Senate Confirms Griffin to be National Labor Relations Board General Counsel

The U.S. Senate on Tuesday confirmed President Obama’s nomination of Richard F. Griffin, Jr. to serve as general counsel of the National Labor Relations Board (NLRB). The vote was 55-to-44 and fell along party lines; Senator...more

10/30/2013 - NLRB Richard Griffin

Secretary of Labor Perez Addresses 2013 AFL-CIO Quadrennial Convention And Lays Out Progressive Agenda

AFL-CIO RESOLUTION ATTACKS OBAMACARE - On September 10, 2013, U.S. Secretary of Labor Thomas E. Perez, to a standing ovation from assembled labor leaders, addressed the AFL-CIO’s 27th quadrennial constitutional...more

9/13/2013 - Affordable Care Act AFL-CIO Compliance Disclosure Requirements DOL Employee Rights Fraud Healthcare Reform Minimum Wage Reporting Requirements Thomas Perez Wage and Hour

Happy Labor Day!

The first Monday in September has been designated as “Labor Day”—a national holiday set aside to celebrate and commemorate the contributions that hardworking Americans have made to the prosperity and well-being of our...more

8/29/2013 - DOL Legal History

OSHA Finally Releases Proposed New Rule on Silica Exposure

On August 23, 2013 the Occupational Safety and Health Administration (OSHA) published a proposed new rule on silica exposure. Public comments on the proposed rule are due no later than 90 days from publication in the Federal...more

8/28/2013 - OMB OSHA Proposed Regulation Toxic Exposure

Federal District Court First to Rule “Acting” General Counsel Lafe Solomon’s Appointment Invalid

In a decision that is likely to generate numerous questions and perhaps some confusion, a federal district court judge in the U.S. District Court for the Western District of Washington issued an order on August 13 that found...more

8/22/2013 - NLRB Political Appointments

Senate Confirms New Five-Member NLRB: What Just Happened and What’s Next?

On the evening of July 30, the U.S. Senate confirmed all five pending nominations to the National Labor Relations Board (NLRB), giving the agency a fully operational complement of Board members for the first time in over a...more

8/2/2013 - Confirmation Proceedings NLRB Political Appointments

What Is a “Workers Center”? Just Another Name for a Union?

On Monday, July 29, workers staged a series of one-day strikes in seven cities across the country at some of the nation’s best known and most profitable fast-food restaurants....more

7/30/2013 - Minimum Wage Restaurant Industry Unions Wages Workers Center

Agreement Not To Filibuster Nominations For Secretary Of Labor And NLRB Avoids “Nuclear Option” In The Senate, But Poses “Time...

Yesterday, the U.S. Senate avoided the “nuclear option” on pending nominations for Secretary of Labor-Designate Thomas Perez and for a package of nominees to the National Labor Relations Board (NLRB). ...more

7/18/2013 - CFPB Filibuster Harry Reid NLRB Nominations Recess Appointments Richard Cordray

Obama’s NLRB Package of Nominees Unlikely to be Confirmed

On April 9, 2013, President Obama announced his intention to nominate three members to the National Labor Relations Board (NLRB), renominating current Democratic NLRB Chairman Mark Gaston Pearce, whose term expires on August...more

4/11/2013 - Barack Obama Canning v NLRB NLRB Nominations Recess Appointments

The Employment Law Authority - January/February 2013

In This Issue: - Email Request Does Not Constitute "Complaint" - Former NLRB Member Joins Ogletree Deakins - For Employers, Pay-Or-play Proposals Could Be Worse, Much Worse - The NLRB In 2013: More Controversy...more

2/26/2013 - Canning v NLRB Discrimination FLSA Immigration Reform NLRB Pay or Play Temporary Employees

Board Majority Holds Perpetual Wage Increases Post-Contract Expiration

In NLRB Decision Finley Hospital, a National Labor Relations Board (Board) majority (Members Pearce and Block) held, over the strong dissent of Board Member Brian Hayes, that a 3 percent annual pay increase for nurses...more

12/31/2012 - Collective Bargaining NLRB Unions Wages

Where the Action Is: State Labor and Employment Legislation

With divided government in Washington relegating most congressional labor and employment legislation to the dead letter file, state legislation becomes a more viable option for interest groups to press their initiatives. The...more

12/19/2012 - Collective Bargaining Right to Work Unions

What is the Future of Workplace Legislation in the New 113th Congress? Part Two: Private Sector Multi-Employer Pension Plans

In my prior blog post, I discussed the chances for workplace legislation in the new Congress beginning on January 3, 2013. While I anticipate continued gridlock in Washington, there may be two potential exceptions to the...more

12/17/2012 - Multi-Employer Pensions Pensions

What is the Future of Workplace Legislation in the New 113th Congress? Part One: Immigration Reform

With the national elections resulting in a continuation of divided government in Washington, will the new Congress remain mired in the gridlock that has been the hallmark of recent years? What are the chances for labor and...more

12/5/2012 - E-Verify Immigration Reform Multi-Employer Pensions STEM Act

The Outcome of the 2012 Elections and What it Means for Employers

The 2012 presidential and congressional elections are finally over, probably much to the relief of an exhausted electorate and the chattering class of political pundits and pollsters who predicted a much closer race. Six...more

11/16/2012 - Affordable Care Act Barack Obama Bush-Era Tax Cuts DOL Fiscal Cliff NLRB Pay or Play Unions

NLRB Loses Again . . . This Time Perhaps Temporarily

On September 5, 2012, in NLRB v. State of Arizona and Save Our Secret Ballot, Judge Frederick J. Martone of the U.S. District Court for the District of Arizona rejected the federal preemption challenge by the National Labor...more

9/11/2012 - Employee Free Choice Act NLRA NLRB Preemption Union Elections Unions

Are We Headed for the “Fiscal Cliff” of Sequestration?

Like Thelma and Louise in the movie of the same name driving their convertible over the cliff, or even more analogous, like a bunch of lemmings blindly following their leaders over the precipice, as a nation we may be headed...more

8/28/2012 - DOL Federal Budget Fiscal Cliff Hiring & Firing Layoff Notices SEC Sequestration Spending Cuts Tax Increases WARN Act

Proposed Limits on Legal “Advice” During Union Organizing Campaigns—Are New Regulations Really on the Horizon?

Proposed U.S. Department of Labor (DOL) revisions to the “advice exemption” under the Labor Management Reporting and Disclosure Act (LMRDA) “persuader activity regulations” may soon require employers, consultants, and law...more

8/15/2012 - DOL LMDA NLRA NLRB Public Labor Relations Act Unions

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