Harold P. Coxson

Harold P. Coxson

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

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Latest Publications


Minnesota Court Finds Persuader Rule Has Substantial Likelihood of Being Overturned

On June 22, 2016, in Labnet, Inc. v. U.S. Department of Labor, the U.S. District Court for the District of Minnesota issued the first decision arising out of three separate lawsuits seeking preliminary injunctions blocking...more

6/23/2016 - DOL Final Rules Injunctive Relief Likelihood of Success Persuader Rules Reporting Requirements Unions

NLRB General Counsel Orders Complaints in All Withdrawal-of-Recognition Cases

In yet another assault on long-established labor law precedent, on May 9, 2016, National Labor Relations Board (NLRB) General Counsel Richard Griffin ordered the issuance of NLRB complaints in every case in which an employer...more

6/22/2016 - Ballots Corporate Counsel Decertify NLRB NLRB General Counsel Unfair Labor Practices Union Elections Unions

The New Persuader Activity Reporting Requirements—A Significant Development

In accordance with the U.S. Department of Labor’s recent public announcement regarding the implementation of its new “persuader activity” rule, all engagements entered into prior to July 1, 2016—including long-term or...more

6/14/2016 - Attorney-Client Privilege Consultants Disclosure Requirements DOL Fifth Amendment Final Rules First Amendment LMRDA Persuader Rules Reporting Requirements Unions

NLRB Decision Threatens 75-Year-Old Precedent, Analyzes Employer’s Motive for Hiring Replacement Workers

On May 31, a divided National Labor Relations Board (NLRB) issued a very significant decision in American Baptist Homes of the West, increasing the impact of an employer’s motive in deciding whether the permanent replacement...more

6/6/2016 - ALJ Back Pay Corporate Counsel Hiring & Firing NLRA NLRB NLRB General Counsel Reinstatement Right to Strike SEIU Unions

Contractor Blacklisting for Defense Contractors? The HASC Says “Not So Fast”

At last, we have a little good news for government contractors. By a vote of 34–28 taken late in the evening on April 27, 2016, the House Armed Services Committee (HASC) adopted a measure that would block the application of...more

4/29/2016 - Blacklist Congressional Committees Department of Defense (DOD) DOL Executive Orders Fair Pay and Safe Workplaces Federal Acquisition Regulations (FAR) Federal Contractors NDAA Proposed Amendments

What’s Next at the NLRB? Ask the General Counsel!

On March 22, 2016, National Labor Relations Board (NLRB) General Counsel Richard Griffin released Memorandum GC 16-01, entitled "Mandatory Submissions to the Division of Advice." The memorandum instructs the Board's regional...more

4/22/2016 - Email Policies English-Only Rules Fair Pay and Safe Workplaces Federal Contractors Independent Contractors Misclassification NLRA NLRB NLRB General Counsel Purple Communications Unions Weingarten Rights

DOL Suspends Filing of Certain Parts of Required Form LM-21 Reports

On April 13, 2016, the Office of Labor-Management Standards (OLMS) at the U.S. Department of Labor (DOL) issued a Form LM-21 Special Enforcement Policy announcement. Effective immediately, the policy is suspending the...more

4/18/2016 - Attorney-Client Privilege Consultants Disclosure Requirements DOL Enforcement Guidance Filing Requirements Final Rules Injunctive Relief LMRDA OLMS Persuader Rules Reporting Requirements Union Elections Unions

The Employment Law Authority - March/April 2016

A federal appellate court recently held that an employer did not violate the Americans with Disabilities Act (ADA) when it discharged an employee who had been sleeping at work and falling short of the employer’s performance...more

4/11/2016 - ABC Test ADA Class Action Deferred Action DOL EEOC Fair Chance Act Fair Share Law Friedrichs v CA Teachers Association Harassment Hiring & Firing Hostile Environment Independent Contractors Justice Scalia Minimum Wage Non-Compete Agreements Persuader Rules Poor Job Performance Posting Requirements Public Employees SCOTUS Sick Leave Union Dues Wage and Hour

The Final Persuader Rule: What You Need to Know About the New Reporting Requirements

On March 23, 2016, the U.S. Department of Labor (DOL) issued final regulations revising the “advice exemption” and requiring employers and consultants (including lawyers) to report labor relations advice and services under...more

3/26/2016 - American Bar Association (ABA) Attorney-Client Privilege Consultants DOL Final Rules LMRDA NLRB Persuader Rules Regulatory Agenda Reporting Requirements Supervisors Trade Associations Unions

A Quick Look at Merrick Garland's Labor and Employment Record

On March 15, 2016, President Barack Obama nominated Chief Judge Merrick Garland of the United States Court of Appeals for the District of Columbia Circuit to fill the vacancy on the Supreme Court of the United States created...more

3/17/2016 - ADA Agency Deference Barack Obama Employment Discrimination Judicial Appointments Justice Scalia Merrick Garland NLRB Punitive Damages SCOTUS

How Justice Scalia's Death Could Have Profound Reverberations for Employers

The sudden death of Associate Justice Antonin Scalia of the Supreme Court of the United States, who served on the Court for over 30 years, has touched off a heated political debate over the appointment and consideration of...more

3/1/2016 - Arbitration Agreements AT&T Mobility v Concepcion Class Action Comcast v. Behrend Constructive Discharge DACA Dukes v Wal-Mart Executive Orders Fair Share Law Friedrichs v CA Teachers Association Green v Brennan Immigration Reform Justice Scalia Public Employees SCOTUS Spokeo v Robins Title VII Union Dues US v Texas

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 NAFTA North American Agreement on Labor Cooperation (NALC) Trade Agreements 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

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