Stephen Cockerham

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Stephen has assisted clients in the energy industry for more than 30 years as a labor and employment lawyer, including the nuclear power industry. Stephen advises clients on all types of employment matters, including discipline and discharge issues; work place safety; compliance with employment laws and regulations; and labor issues, including union avoidance, negotiations, contract interpretation, grievances and NLRB cases.

Latest Articles

According to a recent Federal Register notice, OSHA is seeking to delay by a year its new certification requirements for construction crane operators, which are currently set to go into effect on November 10, 2017. Before it can officially delay the rules, however, OSHA must consult with the Advisory Committee on Construction Safety and Health (ACCSH). On June 20th, ACCSH will hold a telephone conference, open to the public, to discuss the matter and…
More and more it seems disputes are occurring over what information the EEOC may subpoena from employers. On April 3, 2017, the U.S. Supreme Court issued its ruling in McLane Co. v. EEOC, weighing in on the standard of review on appeal when district courts either enforce or quash an EEOC subpoena. Before discussing the case, let’s first address how we get to an appeal of such an issue:…
In a recent decision, Heinsohn v. Carabin & Shaw, the Fifth Circuit found that an employee’s “self-serving” testimony created a material fact question. The Court also included language that should be of concern for employers when seeking summary judgment. In Heinsohn, the Court reversed summary judgment in a pregnancy discrimination case in which the employer fired a legal assistant for making mistakes on the job that she denied making. The Fifth Circuit found that an…
Executive, Professional and Administrative employees are exempt from overtime requirements if they meet three tests:  the salary level test; the salary basis test; and the duties test. As I am sure you have heard, new overtime regulations raise the required annual salary level from $23,660 to $47,476 (or $913 each week). Under the new salary level test, which goes into effect on December 1, 2016, exempt employees paid less than $47,476 no longer qualify for exempt…
The Department of Labor has issued its final rule amending the overtime and exemption regulations of the Fair Labor Standards Act. Although the final rule differs in some ways from the July 2015 proposed rule, it will have significant administrative and budgetary impacts on most employers. The new rule becomes effective December 1, 2016, and will update automatically every three years thereafter.…
On February 25, 2016, the Department of Labor proposed regulations requiring many government contractors to provide up to seven days of paid sick leave to employees. The proposal seeks to implement Executive Order 13706, which was issued by President Obama on Labor Day last year. DOL estimates that the new regulations will provide paid sick leave to nearly 437,000 government contractor employees who had none before. Here is a look at DOL’s proposal—…