Harold P. Coxson

Harold P. Coxson

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

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Who Is Alexander Acosta, and Will He Be the New Labor Secretary?

Within less than 24 hours following the withdrawal of Andrew Puzder, President Trump’s first choice to fill the position of Secretary of Labor, the president announced at a press conference on Thursday, February 16 that his...more

2/17/2017 - Nominations Secretary of Labor Trump Administration

I Can See Clearly Now (Well, Almost): Congress Initiates Legislation to Abolish the Contractor Blacklisting Regulations

It’s not quite time for federal contractors to pop the cork and pour the champagne, but it may be time to get out the flutes and chill a bottle. The new Congress has taken the first step toward extinguishing the...more

2/1/2017 - Blacklist Corporate Counsel DOL Executive Orders Fair Pay and Safe Workplaces Federal Contractors Pending Legislation Preliminary Injunctions Trump Administration

President Trump Announces His Supreme Court Nominee: Neil M. Gorsuch

On January 31, President Donald Trump announced his choice to fill the Supreme Court of the United States vacancy created by the death of the late Associate Justice Antonin Scalia: Judge Neil M. Gorsuch, from the U.S. Court...more

2/1/2017 - Judicial Appointments Justice Scalia Neil Gorsuch SCOTUS

President Names Miscimarra as Acting Chair of the National Labor Relations Board

On January 26, President Donald Trump announced the designation of current National Labor Relations Board Member Philip Miscimarra as the Board's Acting Chairman, replacing former Board Chairman Mark Gaston Pearce. Miscimarra...more

1/27/2017 - NLRB Political Appointments Trump Administration

What Does U.S. Withdrawal From the Trans-Pacific Partnership Mean for Labor and Employment Policy?

On January 23, 2017, in his first full weekday in office, President Donald Trump fulfilled a campaign promise by signing a presidential memorandum taking executive action formally withdrawing the United States from the...more

1/26/2017 - China Executive Orders Trans-Pacific Partnership Trump Administration US Trade Policies

Inauguration Day 2017: President Donald Trump

One year ago, few people outside of candidate Donald Trump and his closest and most loyal supporters imagined that January 20, 2017, would mark his inauguration as the 45th president of the United States. Regardless, today an...more

1/23/2017 - Legislative Agendas Trump Administration

“Change” Comes to Washington—What to Expect

On January 3, 2017, the 115th U.S. Congress opened with Republican majorities in both houses: ..U.S. Senate: 52 Republicans and 46 Democrats and 2 Independents who Caucus with the Democrats ..U.S. House of...more

1/10/2017 - Barack Obama Legislative Agendas Trump Administration

President-Elect Trump Announces the New Secretary of Labor

Today, President-elect Donald Trump announced Andrew Franklin (Andy) Puzder, 66, chief executive officer of CKE Restaurants, as his choice for Secretary of the U.S. Department of Labor. In 2016, Puzder was a Trump...more

12/9/2016 - Affordable Care Act DOL Franchises Trump Administration Wage and Hour

What We Know and What We Don't Know About the New Trump Administration

The traditional frenetic pace of activity in Washington, D.C., following a presidential election has begun in earnest as transition teams are formed for each federal agency, resumes for the 1,300 newly vacant positions are...more

11/21/2016 - DOL EEOC HELP NLRB Trump Administration

Federal Court Permanently Enjoins the Persuader Rule

On November 16, 2016, the U.S. District Court for the Northern District of Texas (Lubbock Division) converted its injunction preventing implementation of the U.S. Department of Labor’s revised persuader rule on a national...more

11/17/2016 - DOL LMRDA Persuader Rules Preliminary Injunctions Unions

The Results Are In: The Consequences of the 2016 Elections for Labor and Employment Policy

Some may recall the scene in the movie, Network, in which actor Peter Finch launched into an angry rant on his television news show shouting "I'm as mad as hell, and I'm not going to take this anymore!" He encouraged his...more

11/9/2016 - Administrative Appointments Affordable Care Act Presidential Elections

Open the Floodgates: NLRB Announces Misclassification of Independent Contractors Can, In Itself, Violate Section 8(a)(1)

On August 26, 2016, the National Labor Relations Board's Division of Advice publicly released an advice memorandum from December of 2015 in which it found a Section 8(a)(1) violation for an employer's misclassification of...more

9/23/2016 - Commercial Truck Drivers Corporate Counsel Fair Pay and Safe Workplaces Independent Contractors Misclassification NLRB Trucking Industry

Lubbock Judge Grants Motion to Halt Persuader Rule

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary Injunction,...more

6/28/2016 - DOL Fifth Amendment First Amendment Imminent Harm Likelihood of Success LMRDA Persuader Rules Preliminary Injunctions Reporting Requirements Unions

National Federation of Independent Business et al. v. Perez, et al.

Preliminary Injunction Order

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary Injunction,...more

6/28/2016 - Disclosure Requirements DOL Fifth Amendment First Amendment Imminent Harm Likelihood of Success LMRDA Persuader Rules Preliminary Injunctions Reporting Requirements Unions

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

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