Harold P. Coxson

Harold P. Coxson

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Follow the Money: The FY 2017 Budget

One way to assess an administration's public policy priorities is by examining its annual budget submission to Congress: The higher an administration sets its funding requests for particular federal departments, agencies, and...more

2/12/2016 - DOL Federal Budget Federal Funding Obama Administration Public Policy

What’s Driving the 2016 Regulatory Agenda for Labor and Employment Regulations?

As President Barack Obama enters the final year of his term in office, his far-reaching regulatory agenda for 2016 is full of labor and employment proposals that have eluded his predecessors. "In Washington, no bad idea ever...more

1/29/2016 - Barack Obama CRA Regulatory Agenda SBREFA

What Does 2016 Portend for Labor and Employment Law?

What is on the horizon for labor and employment policy in 2016, the last year of the Obama administration when the president will seek to cement his legacy, and a national election year when the White House and control of...more

1/18/2016 - Fair Pay and Safe Workplaces FLSA Friedrichs v CA Teachers Association NLRB Obama Administration Popular Right to Work SCOTUS Trans-Pacific Partnership Unions Wage and Hour

President Obama's Last State of the Union Address

On the evening of January 12, 2016, in his seventh and final State of the Union (SOTU) address, President Barack Obama delivered a look back at what he hopes will be remembered as his legacy accomplishments in office, as well...more

1/13/2016 - Barack Obama Collective Bargaining Gender Equity Immigration Reform Minimum Wage State of the Union Trans-Pacific Partnership

Labor and Employment Highlights of the December 2016 Omnibus Spending Bill

On December 18, 2015, President Obama signed the $1.1 trillion Consolidated Appropriations Act, 2016, the omnibus spending bill that will fund all federal agencies and government programs through September of 2016— and the...more

1/12/2016 - Cadillac Tax Consolidated Appropriations Act DOL EEOC NLRB Tax Extenders

Revised “Persuader” Reporting Requirements Are Back

Don't look now, but the U.S. Department of Labor’s latest Fall 2015 Semiannual Regulatory Agenda advances the controversial proposed revisions to the "persuader activity" reporting requirements under the Labor-Management...more

12/29/2015 - Attorney-Client Privilege DOL LMRDA NLRB Persuader Rules Reporting Requirements Unions

Labor Provisions of the Just-Released Trans-Pacific Partnership (TPP) Trade Agreement

This morning, the Obama administration released the text of the Trans-Pacific Partnership (TPP) trade agreement, setting up a bitter debate over its provisions next year. Foremost among the opponents of TPP, organized labor...more

11/6/2015 - AFL-CIO Barack Obama Free Trade Agreement NAFTA North American Agreement on Labor Cooperation (NALC) Trade Relations Trans-Pacific Partnership US Trade Policies

New Speaker, New Agenda—Old Problems?

It has been quite an eventful few weeks in Washington, D.C., with actions taken that perhaps will give rise to a brighter future on Capitol Hill. House Speaker John Boehner (R-OH) resigned effective October 31 amid persistent...more

11/2/2015 - John Boehner Legislative Agendas Political Parties

“Common Sense” Shows The Value of a Well-Written Dissent: Southern New England Telephone Company v. NLRB

It must be frustrating to be in the minority of an administrative adjudicatory body and to constantly be forced to write dissenting opinions, as was the case for former National Labor Relations Board (NLRB) member Brian E....more

7/23/2015 - Appeals AT&T Canning v NLRB Communication Workers of America Dress Codes Employment Policies Exceptions NLRA NLRB Recess Appointments Section 7 Special Circumstances Doctrine Unions

President Obama Signs Trade Measures

It was not easily accomplished, but on June 29, 2015, President Obama signed into law a series of trade measures, including Trade Promotion Authority (TPA), providing the administration with rules governing the negotiation of...more

7/20/2015 - Africa Barack Obama Generalized Scheme of Preferences Job Creation Legislative History Trade Adjustment Assistance Trade Agreements Trade Promotion Authority Trade Relations Trans-Pacific Partnership

In Fresenius, the NLRB Admits It Was Wrong . . . Sort Of!

On June 24, 2015, the National Labor Relations Board (NLRB) issued a new decision involving allegations that an employer had unlawfully discharged an employee who had scrawled sexually-oriented obscenities and threatening...more

7/1/2015 - Corporate Counsel Hiring & Firing Manufacturers NLRA NLRB Offensive Language Termination Unions

“Fair Pay and Safe Workplaces” Guidance Explains Broad Labor Reporting Requirements for Federal Contractors

Today, the U.S. Department of Labor (DOL) published proposed guidance addressing the controversial Fair Pay and Safe Workplaces Executive Order 13673, which President Obama signed on July 31, 2014 (80 Fed. Reg. 30574 (May 28,...more

5/29/2015 - Arbitration Barack Obama DOL EEOC Employer Mandates Executive Orders Fair Pay and Safe Workplaces Federal Contractors Title VII Wage and Hour

NLRB’s New “Ambush Election" Rules Go Into Effect: Is Your Organization Ready?

On April 14, 2015, after a four-year battle, the National Labor Relations Board’s (NLRB) final “ambush election” rules, which will dramatically shorten the time between requests for a vote and a union election, go into...more

4/14/2015 - Ambush Election Rules NLRB

What if the West Coast Ports Shut Down by Lockout or Strike? Is it Time to Invoke Taft-Hartley?

Since the expiration of a labor contract in July 2014, negotiations for a new contract have dragged on between management representatives of the Pacific Maritime Association (PMA)—a multi-employer bargaining association...more

2/12/2015 - Longshoremen Shipping Taft-Hartley Act Trucking Industry Unions

Congress Passes FY 2015 Omnibus Appropriations Bill: What it Means for Labor and Employment Agencies

Narrowly averting a federal government shutdown, on December 13 in a rare Saturday evening session the Senate passed the massive 1600 page, $1.1 trillion FY2015 Omnibus Appropriations bill that will fund government operations...more

12/15/2014 - Appropriations Bill Department of Transportation (DOT) EEOC FLSA New Legislation NRLA OFCCP OSHA Popular

Administration Publishes Fall 2014 Unified Regulatory Agenda

We expect 2015 to be a very busy year for actions on new or proposed federal regulations in the absence of congressional legislation. That was confirmed on November 21, 2014, when the administration published its “Unified...more

12/1/2014 - DOL Federal Acquisition Regulations (FAR) NLRB OFCCP OLMS OSHA Regulatory Agenda

The 2014 Mid-Term Election Results and What They Mean for Labor and Employment Policy

In yesterday’s mid-term elections Republicans gained a substantial majority in the U.S. Senate (52-45) with three states undecided: (1) one “toss-up” state—Louisiana, which is still undecided and in which no candidate...more

11/6/2014 - Election Results Legislative Agendas

What Has the “Nuclear Option” Wrought?

With the Obama administration unable to get labor and employment law changes through a gridlocked Congress, one of its significant accomplishments and lasting legacies may be its remarkable record of reshaping federal...more

10/1/2014 - DOL EEOC Judicial Appointments NLRB Obama Administration Political Appointments Regulatory Reform

Here We Go Again—Significant Threat of Automatic Debarment from Government Contracts Slipping in Under the Wire!

Two weeks ago, the U.S. House of Representatives passed, by voice vote, a little-understood and little-noticed amendment to the Fiscal Year 2015 Energy and Water Development and Related Agencies Appropriations Act (H.R. 4923)...more

7/28/2014 - Appropriations Bill Energy Federal Contractors FLSA New Legislation Suspensions & Debarments

The New Bipartisan Workforce Innovation and Opportunity Act

Who said bipartisanship is dead in Washington? It just requires the right legislation! Finally, a long-awaited jobs promotion bill was approved that aims to help train and prepare workers with the twenty-first century skills...more

7/14/2014 - Innovation Legislative Agendas

What Does 'Noel Canning' Mean for the NLRB's Previously Decided Cases?

A comprehensive summary of the most significant previously-issued NLRB decisions up for reconsideration now that the U.S. Supreme Court has declared President Obama's recess NLRB appointments unconstitutional....more

6/30/2014 - Canning v NLRB Costco Hispanics United of Buffalo Karl Knauz Motors Marriott New Process Steel NLRA NLRB Popular Recess Appointments SCOTUS

House Subcommittee Critiques Aggressive Agenda at National Labor Relations Board

Today, the U.S. House of Representatives Subcommittee on Health, Employment, Labor, and Pensions conducted an oversight hearing titled, “What Should Workers and Employers Expect Next From the National Labor Relations Board?”...more

6/25/2014 - Legislative Agendas Legislative Committees NLRB Obama Administration Unions

Some Surprises in DOL’s Just Issued Spring 2014 Regulatory Agenda

On Friday, May 23, 2014, the White House, through its executive branch and other federal agencies, issued the Spring 2014 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas...more

6/4/2014 - ADA Affirmative Action Affordable Care Act DOL EEOC ERISA Executive Orders Final Rules FLSA HUD Minimum Wage NLRB Obama Administration OFCCP OMB Persuader Rules Proposed Regulation Regulatory Agenda Unions Unpaid Overtime Wage and Hour

Recent Board Decisions Reflect Different Styles of Dissenting

The National Labor Relations Board (NLRB) recently issued two significant decisions on the same day (May 9) that highlight contrasting methods of issuing dissents. Both decisions drew dissents from one member of the...more

5/14/2014 - Dissenters Rights NLRA NLRB

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

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