News & Analysis as of

Disclosure Requirements LMRDA

Epstein Becker & Green

Federal Government Continues Initiatives to Limit Employer Opposition to Union Organizing

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The United Stated Department of Labor Office of Labor-Management Standards (“OLMS”) recently signaled an alarming willingness to use its broad subpoena powers under Section 601 of the Labor-Management Reporting and Disclosure...more

ArentFox Schiff

Department of Labor Rescinds Trump-era Union Financial Disclosure Rule

ArentFox Schiff on

In March 2020, the Department of Labor issued a rule billed as a measure designed to increase labor union financial transparency. Generally, it required unions with $250,000 or more in total annual receipts -- which must...more

Proskauer - Labor Relations Update

Concluding the 2016 Persuader Rule Changes “Exceeded Authority” of the LMRDA, DOL Rescinds Them

The Department of Labor fully rescinded the 2016 changes made to the Persuader Rules. The DOL concluded that the 2016 rule changes “exceeded the authority of the Labor-Management Reporting and Disclosure Act (LMRDA)” because...more

Seyfarth Shaw LLP

DOL Rescinds Its Persuader Rule

Seyfarth Shaw LLP on

On July 17, 2018, the DOL rescinded its 2016 “persuader rule” — a controversial reinterpretation of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) that would have required employers and their consultants...more

Sheppard Mullin Richter & Hampton LLP

Department of Labor Moves To Rescind “Persuader Rule” with Notice of Proposed Rulemaking

On June 12, 2017, the U.S. Department of Labor’s (“DOL”) Office of Labor-Management Standards published a notice of proposed rulemaking regarding its intention to rescind the so-called “persuader rule,” moving the DOL one...more

Davis Wright Tremaine LLP

Judge Permanently Blocks USDOL’s “Persuader Rule”

A federal judge in Texas permanently enjoined the new USDOL Persuader Rule from taking effect on a nationwide basis. The new rule would have required employers and law firms to publically disclose confidential legal advice...more

Foley & Lardner LLP

The “Persuader Rule” Permanently Enjoined

Foley & Lardner LLP on

As we have previously reported, in March of 2016, the Department of Labor (“DOL”) issued a reinterpretation of the Persuader Activities Rule (The “Revised Rule”). This Revised Rule required that: - employers must...more

Saul Ewing LLP

DOL Persuader Rule Blocked by Federal Judge

Saul Ewing LLP on

On November 16, 2016, a District Judge in the Northern District of Texas permanently blocked the U.S. Department of Labor from enforcing a new regulation that would have increased disclosure requirements for employers that...more

Proskauer - Labor Relations Update

Permanent Pause to Persuader Rule: Texas Court Issues Permanent Nationwide Injunction

On November 16, 2016, in National Federation of Independent Business v. Perez, No. 5:16-cv-00066, a federal judge in Texas issued a permanent injunction preventing the Department of Labor (the “DOL”) from enforcing its new...more

McNees Wallace & Nurick LLC

Permanent Injunction puts Persuader Rule on the Ropes

Earlier in the year, we reported on a temporary injunction issued by a federal district court Judge in Texas. The injunction prevented the Department of Labor from enforcing the so-called “persuader rule.” The rule sought...more

Jackson Lewis P.C.

Court Grants Permanent Injunction, Blocking Labor Department’s New Persuader Rule

Jackson Lewis P.C. on

The U.S. District Court for the Northern District of Texas, Lubbock Division, has converted its nationwide preliminary injunction, issued on June 27, 2016, against the U.S. Department of Labor’s “persuader” rule into a...more

Sheppard Mullin Richter & Hampton LLP

Unpersuasive: Federal Judge Invalidates DOL’s New Persuader Rule

On November 16, 2016, a federal district judge in Texas barred the Department of Labor (“DOL”) from enforcing its new so-called “Persuader Rule.” The rule, which would have imposed broad disclosure requirements on employers...more

Littler

Court Permanently Blocks DOL's Persuader Rule

Littler on

To the relief of many employers that rely on third parties to provide labor advice and services, a Texas federal court has permanently blocked a rule that would have required them to make certain disclosures about their...more

McGuireWoods LLP

Federal Court Permanently Enjoins DOL Union ‘Persuader’ Rule Enforcement

McGuireWoods LLP on

As previously reported, on March 23, 2016, the U.S. Department of Labor (DOL) issued its reinterpretation of the “persuader” rule in the Labor Management Reporting Disclosure Act of 1959 (LMRDA), originally scheduled to be...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Employment Law Authority - July/August 2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary ...more

BakerHostetler

Nationwide Preliminary Injunction Bars Implementation of Department of Labor's "Persuader Rule"

BakerHostetler on

On June 27, a federal court in Texas enjoined the United States Department of Labor (“DOL”) from implementing its new interpretation of the “Persuader Rule.” In a sweeping 86-page rebuff to the DOL, the court opined that the...more

Foley Hoag LLP

Federal Court Halts the Enforcement of the Department of Labor’s “Persuader Rule”

Foley Hoag LLP on

On June 27, 2016, the U.S. District Court for the Northern District of Texas issued a nationwide preliminary injunction barring enforcement of the U.S. Department of Labor’s (“DOL”) new “persuader rule,” which as of July 1...more

Seyfarth Shaw LLP

Federal Court Halts Enforcement of DOL’s New “Persuader Rules”

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Seyfarth Synopsis: On June 27, 2016, a federal district court in Lubbock Texas issued a nationwide preliminary injunction preventing the Department of Labor’s new persuader regulations from taking effect this July 1, 2016. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...
National Federation of Independent Business et al. v. Perez, et al.

Preliminary Injunction Order

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary Injunction,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The New Persuader Activity Reporting Requirements—A Significant Development

In accordance with the U.S. Department of Labor’s recent public announcement regarding the implementation of its new “persuader activity” rule, all engagements entered into prior to July 1, 2016—including long-term or...more

Morgan Lewis

DOL Persuader Regulations Expose Every Employer to Reporting Requirements and Disclosures

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All employers should examine their use of labor and employment service providers to mitigate unwanted disclosure of fees paid to such providers. To protect confidentiality and the integrity of the attorney-client...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Suspends Filing of Certain Parts of Required Form LM-21 Reports

On April 13, 2016, the Office of Labor-Management Standards (OLMS) at the U.S. Department of Labor (DOL) issued a Form LM-21 Special Enforcement Policy announcement. Effective immediately, the policy is suspending the...more

FordHarrison

Labor Department Unveils Final "Persuader Rule"

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On March 23, 2016, the U.S. Department of Labor (DOL) issued the final version of its "persuader rule," which requires employers, third-party lawyers and other labor consultants to disclose to the DOL any arrangement to...more

Fisher Phillips

The DOL Remains Unpersuaded - New "Persuader" Rule is Coming Soon

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The anxiety of employers and labor attorneys only worsened this week when the Department of Labor took another step towards finalizing and publishing the much anticipated changes to the so-called “persuader” rule. On Monday,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Confirms LMRDA Only Protects “Members In Substance”

Brady v. International Brotherhood of Teamsters, No. 13-cv-2038 (2d Cir. Feb. 3, 2014): The Second Circuit Court of Appeals affirmed the lower court’s dismissal of a Labor-Management Reporting and Disclosure Act (LMRDA) claim...more

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