Employment Law Alert: U.S. Department of Labor Rescinds Pro-Union “Persuader Rule”
This week, the U.S. Department of Labor (DOL) rescinded an Obama-era rule that would have required extensive public disclosure by attorneys hired to combat union organizing efforts and the employers who retain them.
The federal Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) requires unions, “consultants,” and employers to file reports and publicly disclose expenditures for certain labor-management activities. Historically, the law has only required employers and their consultants (including attorneys) to file reports when engaged in direct persuader activities – like speaking directly to employees about union issues during a union organizing campaign. The new rule, however, would have extended those reporting requirements when attorneys engaged in indirect persuader activities – like advising employers on union avoidance strategies or assisting with preparation of handouts or talking points for managers and supervisors discussing union issues with employees – which have traditionally been exempt.
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