Labor Relations Today

Labor Relations Today

Category Archives: Persuader Rules

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U.S. Department of Labor Begins Process To Rescind Obama Administration’s “Defective” Persuader Rule Overhaul

Posted in Department of Labor, Federal Court Litigation, Obama Board Reversal, Persuader Rules
Secretary of Labor Alexander Acosta has formally initiated the process for rescission of the 2016 DOL regulations narrowing the “advice exemption” to the LMRDA’s so-called “persuader rule.” The Office of Management and Budget’s website confirms the May 22, 2017 receipt of a DOL directive entitled, “Rescission of Rule Interpreting “Advice” Exemption in Section 203 (c) of the… Continue Reading

Labor Relations Today Issues ‘Labor Law 2016: Year in Review’

Posted in Alternative Labor Law Reform, Department of Labor, Division of Advice, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracting, Government Contracts, House of Representatives, Joint Employer, Legislation, MLA Media, Negotiations, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Remedies, Representation Elections, Right to Work, SCOTUS, Senate, Social Media, State/Local Issues, Unfair Labor Practices, Unions, White House, Workplace Rules
McGuireWoods labor attorneys and the editors of Labor Relations Today are pleased to announce the publication of Labor Relations 2016: Year in Review. In the final year of his two-term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double-barreled efforts to remake labor law to benefit labor unions. Throughout the year, the agencies… Continue Reading

Does Trump’s Election Signal the Demise of Recent Labor Regulations?

Posted in Department of Labor, NLRB, NLRB Administration, NLRB Rule-Making, Persuader Rules, White House
The election of Donald Trump places numerous regulations issued under the Obama administration in jeopardy, including the Department of Labor’s Persuader Rules, the National Labor Relations Board’s “Quickie” Election Rules, and the Department of Labor & FAR Council’s Fair Pay & Safe Workplaces Regulations. Currently, these rules are essentially immune from Congressional challenge given President Obama’s… Continue Reading

Business Organizations and Ten States Move for a Nationwide Permanent Injunction Against DOL’s New Persuader Rule

Posted in Department of Labor, NLRB Rule-Making, Persuader Rules
In June 2016, the United States District Court for the Northern District of Texas entered a nationwide preliminary injunction against the Department of Labor’s new Persuader Rule, finding that the “DOL’s New Rule is not merely fuzzy around the edges. Rather, the New Rule is defective to its core because it entirely eliminates the LMRDA’s… Continue Reading

Federal District Court in Texas Issues Nationwide Injunction Against DOL’s New Persuader Rule

Posted in Department of Labor, Federal Court Litigation, Persuader Rules
Calling the Department of Labor’s new interpretation of its LMRDA Persuader Rule “defective to its core,” the District Court for the Northern District of Texas issued a nationwide injunction on June 27, 2016, against the Final Rule published on March 24, 2016. This ruling in National Federation of Independent Business et al. v. Perez, 16-cv-00066… Continue Reading

Three Lawsuits Take First Shots at New DOL ‘Persuader Rule’

Posted in Department of Labor, Federal Court Litigation, Persuader Rules
The Department of Labor’s final rule regarding the advice exemption to the “persuader rule” in the Labor-Management Reporting Disclosure Act of 1959 (LMRDA) is currently facing three lawsuits filed by various law firms, business groups, and associations. The DOL’s new Rule modifies the “advice exemption” by revising the instructions to forms filed by employers (Form LM-10)… Continue Reading

DOL Issues Final Persuader Rule Significantly Narrowing the Advice Exemption

Posted in Department of Labor, Persuader Rules
Today the Department of Labor issued its final rule for publication tomorrow, March 24, 2016, addressing the “advice exemption” to the so-called “persuader rule” in Labor-Management Reporting Disclosure Act of 1959 (LMRDA). Almost five years after it published the proposed rule, the DOL announced that it was adopting “the proposed rule, with modifications, [providing] increased transparency to… Continue Reading

DOL Sends ‘Persuader’ Rule to OMB for Review; Seeks Publication of Final Rule in March 2016

Posted in Department of Labor, Persuader Rules
The Department of Labor’s latest regulatory agenda now sets a target date of March 2016 for the publication of its final rule addressing the “advice exception” to the so-called “persuader rule” in the Labor-Management Reporting Disclosure Act of 1959 (LMRDA). On December 7, 2015, the DOL finally sent its final rule to the Office of Management and Budget… Continue Reading

The Road Ahead: Top 10 Labor Issues to Watch in the Back Half of 2015

Posted in Amici Briefs, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracting, Government Contracts, House of Representatives, Legislation, Micro Units, NLRA, NLRB, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Representation Elections, Senate, State/Local Issues
road ahead1.  Will the Courts Uphold the New Expedited Election Rules? The National Labor Relation Board’s new expedited election rules took effect on April 14, 2015, but not before two lawsuits could be filed seeking to invalidate them in January 2015. The first lawsuit was filed by business groups, including the U.S. Chamber of Commerce, in… Continue Reading

Labor Relations Today Releases ‘Labor Law 2014: A Year in Review’

Posted in Alternative Labor Law Reform, Amici Briefs, Bush Board Reversal, Corporate Campaigns, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracting, Government Contracts, House of Representatives, Legislation, Micro Units, Negotiations, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Remedies, Representation Elections, SCOTUS, Senate, Social Media, State/Local Issues, Unfair Labor Practices, Unions, White House
MLA labor attorneys are pleased to announce the publication of Labor Law 2014: A Year In Review. This marks the fourth straight year that we have produced this annual review of developments in traditional labor law and labor-management relations. 2014 ushered in a National Labor Relations Board with more prospective stability than in recent years as the seats… Continue Reading

@LRToday Morning Round-Up: March 27, 2014

Posted in Media Round-Up, NLRA, NLRB, Persuader Rules, Representation Elections, Unions
Sec. Perez Considering Opposition To Persuader Rule: Abigail Rubenstein of Law360 ($$) writes that yesterday, Secretary of Labor Thomas Perez testified at a hearing that he was "listening to stakeholders’ concerns" regarding changes to the so-called "persuader activity rule."  Sec. Perez testified in front of the House Education and Workforce Protection Committee and assured the panel that he… Continue Reading

Department of Labor Postpones New Persuader Rule Again; No Publication Date Set

Posted in Department of Labor, Persuader Rules, Representation Elections
Yesterday a Department of Labor spokesman informed Bloomberg BNA that its final rule regarding the “advice exception” to the so-called “persuader rule” in the Labor-Management Reporting Disclosure Act of 1959 (LMRDA) will not be issued in March as announced back in November, 2013. According to the article, the DOL spokesman provided no details for the… Continue Reading

Labor Relations Today Releases ‘Labor Law 2013: A Year in Review’

Posted in Bush Board Reversal, Corporate Campaigns, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Filibuster, Government Contracting, House of Representatives, Legislation, Negotiations, NLRA, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Remedies, Representation Elections, SCOTUS, Senate, Social Media, State/Local Issues, Unfair Labor Practices, Unions, White House
MLA labor attorneys are pleased to announce the publication of Labor Law 2013: A Year In Review.  This marks the third straight year that we have produced this annual review of developments in traditional labor law and labor-management relations.  2013 began with unprecedented uncertainty, as several federal courts repudiated the authority of the National Labor Relations Board… Continue Reading

Department of Labor’s Persuader Rule Postponed to March 2014

Posted in Department of Labor, Persuader Rules, Representation Elections, White House
Just before the Thanksgiving holiday, the Department of Labor pushed back its target date from November 2013 to March 2014 for publishing its final rule regarding the “advice exception” to the so-called “persuader rule” in the Labor-Management Reporting Disclosure Act of 1959 (LMRDA). Because the proposed rule has significant monetary and legal implications for employers,… Continue Reading

What to Expect From the Incoming National Labor Relations Board

Posted in Department of Labor, Expedited Elections, Federal Court Litigation, Filibuster, NLRA, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Representation Elections, SCOTUS, Senate, Unions, White House
Following last week’s deal to avoid the so-called "Nuclear Option," the Senate HELP Committee will hold hearings tomorrow on the newest nominees to the National Labor Relations Board. Assuming the nominees are approved by the committee in a Wednesday morning vote, a full complement of Board Members is likely to be confirmed by the full Senate as early… Continue Reading

Department of Labor Sets November 2013 Date For New Persuader Rules Expanding Reporting Requirements for Employers and Counsel

Posted in Department of Labor, NLRA, Persuader Rules, Representation Elections, Unions, White House
Last Wednesday, as most folks were consumed with getting a jump on long holiday weekend traffic, the White House released its spring Unified Agenda.  The Agenda, submitted months late, details the Presidential administration’s regulatory plans for the months ahead. One notable entry, among the thousands, indicates that the DOL’s intended revisions to limit drastically the “advice exception” in the Labor-Management Reporting and Disclosure Act… Continue Reading

@LRToday Morning Round-Up: June 3, 2013

Posted in Department of Labor, House of Representatives, Media Round-Up, Persuader Rules, Unfair Labor Practices, Unions
Workforce Committee Not a Fan of DOL’s Persuader Rule: Abigail Rubenstein of Law360 ($$) reports that last Thursday, the House Education and Workforce Committee sent a letter to the US Department of Labor providing that the DOL’s proposed "Persuader Rule" should be withdrawn as it could negatively impact the attorney-client relationship. The Labor-Management Reporting and Disclosure Act (LMRDA) generally requires that employers report any efforts to directly… Continue Reading

Manhattan Institute Report Pegs Cost of Pending “Persuader” Regulation Revisions in Billions Annually

Posted in Department of Labor, Persuader Rules, Representation Elections
As we reminded last week, the Department of Labor has been scheduled to publish a final rule this month amending their "persuader regulations" and imposing new and expansive reporting requirements on employers, their labor relations consultants and, very likely, their attorneys. Former DOL economist Diana Furchtgott-Roth just issued a report from the Manhattan Institute estimating… Continue Reading

Department of Labor’s Final Rule Expanding Reporting Requirements for Employers and their Counsel Remains Pending

Posted in Department of Labor, Persuader Rules
As the Senate embarks tomorrow upon what is likely to be another contentious confirmation process for the nomination of Secretary of Labor-Designee Thomas Perez, employers await action by the Department of Labor on one of its more controversial initiatives of the past few years. The Department has been scheduled to publish a final rule this… Continue Reading

Department of Labor Receives Public Comments on Proposed Changes to “Persuader Rules”

Posted in Department of Labor, Persuader Rules
Back in June 2011, the Department of Labor’s Office of Labor-Management Standards (OLMS) published proposed revisions to its interpretation of the Labor-Management Report and Disclosure Act of 1959 (LMRDA), which were intended to expand greatly what information employers and their labor relations consultants must report to the Department of Labor.  The proposed revisions to the… Continue Reading

Human Resources Executive Online: New DOL, NLRB Initiatives

Posted in Department of Labor, Media Round-Up, NLRB Rule-Making, Persuader Rules, Representation Elections
Human Resources Executive Online ran a piece today in which I commented on the Department of Labor’s proposed overhaul of the fifty-year old interpretation of "advice" in Section 203 of the LMRDA: "The DOL is proposing to drastically widen the net it’s casting … ; this new rule will drag in an almost endless variety of… Continue Reading

U.S. Department of Labor Seeks Public Comment on Regulation Reform via New Webpage

Posted in Department of Labor, Executive Orders, Persuader Rules, White House
The U.S. Department of Labor yesterday announced a one-month period for public comment on a preliminary plan to revise department regulations. The Department has established a special webpage for members of the public to provide feedback on its "Preliminary Plan for Retrospective Analysis of Existing Rules".  This online tool is part of the Department’s compliance… Continue Reading