Labor Relations Today

Labor Relations Today

Tag Archives: Persuader Rules

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

@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

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