Department of Labor's Persuader Rule Convinces No One -

The Department of Labor's controversial Final Rule on Persuader Reporting became effective April 25, 2016. The Rule significantly strengthens a union's rights under the Labor Management Reporting and Disclosure Act ("LMDRA") and may make it more difficult for you as an employer to receive legal advice.

Generally, the LMDRA regulates the public reporting obligations of businesses seeking legal and non-legal counsel to oppose or manage relations with unions. A consultant, known as a "persuader," helps an employer navigate organizing drives and labor disputes. Before the Final Rule came into effect, the LMDRA required "direct" persuader activities to be reported, but exempted "indirect" activities. A direct activity might be a meeting between the persuader and employees, while an example of an indirect activity would be the preparation of materials for the employer to provide to its employees.