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HTMLLabor and Employment: What We Know and What We Don't Know About the New Trump Administration
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 5, 2016, previously published on November 18, 2016
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 flying around town, policies are being debated for the first 100 days, and...

 

HTMLThe Results Are In: The Consequences of the 2016 Elections for Labor and Employment Policy
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 09, 2016
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 viewers to open their windows and shout the same protest. Soon...

 

HTMLOpen the Floodgates: NLRB Announces Misclassification of Independent Contractors Can, In Itself, Violate Section 8(a)(1)
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 29, 2016, previously published on September 22, 2016
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 independent contractor status. Pacific 9 Transportation, Inc. (No....

 

HTMLLubbock Judge Grants Motion to Halt Persuader Rule
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 14, 2016, previously published on June 27, 2016
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, thereby enjoining the U.S. Department of Labor (DOL) from...

 

HTMLMinnesota Court Finds Persuader Rule Has Substantial Likelihood of Being Overturned
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 12, 2016, previously published on June 22, 2016
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 the DOL from implementing its revised "persuader activity" rule....

 

HTMLNLRB General Counsel Orders Complaints in All Withdrawal of-Recognition Cases
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 12, 2016, previously published on June 21, 2016
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 withdraws recognition from a union without the union first being...

 

HTMLThe New Persuader Activity Reporting Requirements—A Significant Development
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 20, 2016, previously published on June 13, 2016
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 multi-year agreements for labor relations services to be...

 

HTMLNLRB Decision Threatens 75-Year-Old Precedent, Analyzes Employer’s Motive for Hiring Replacement Workers
Harold P. Coxson, James H. Fowles; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 9, 2016, previously published on June 6, 2016
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 of economic strikers is lawful. Given this new focus on the...

 

HTMLContractor Blacklisting for Defense Contractors? The HASC Says “Not So Fast”
Harold P. Coxson, James J. Murphy; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 19, 2016, previously published on April 29, 2016
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 Executive Order 13673, Fair Pay and Safe Workplaces (EO 13673) to the U.S....

 

HTMLWhat’s Next at the NLRB? Ask the General Counsel!
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 10, 2016, previously published on April 21, 2016
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 attorneys to submit certain high profile cases to the general...

 


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