Harold P. Coxson

Harold P. Coxson

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

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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 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

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

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