LMRDA

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Labor & Employment E-Note - January 2016

The National Labor Relations Board ("the Board") had quite an eventful year in 2015. This article reviews how, in rapid succession, the Board broke decades-old precedent in five different ways, and explores three more...more

Labor Law 2015: A Year In Review

National Labor Relations Board spends Most of 2015 With a Full Complement of Members; Down to Four at Year’s End. For about two-thirds of the year, the National Labor Relations Board operated with a full complement of...more

Burr Alert: The Board is Going to do What? A Look at the National Labor Relations Board: Could 2016 Bring Even More Change?

The National Labor Relations Board ("the Board") had quite an eventful year in 2015. Just think, the Board has recently broken decades-old precedent in five different ways: 1) On December 11, 2014, the Board decided...more

Revised “Persuader” Reporting Requirements Are Back

Don't look now, but the U.S. Department of Labor’s latest Fall 2015 Semiannual Regulatory Agenda advances the controversial proposed revisions to the "persuader activity" reporting requirements under the Labor-Management...more

Associations Press for More Logical Persuader Rulemaking Process

With the DOL's persuader rule nearing final publication, 90 trade associations representing millions of employers sent a letter to the U.S. Office of Management and Budget (OMB) on Friday asking that the rulemaking be...more

I’m Not Persuaded: The DOL’s New “Persuader” Rule Close to Implementation

Law firms are often retained by employers facing the fast-paced, distracting, emotionally charged experience of unionization efforts. Part of the union organizing process is legal in nature, and part feels more like politics,...more

U.S. Department of Labor Pushes “Persuader Rules” to Final Approval Stage

Last week, the Department of Labor (“DOL”) forwarded long-delayed revisions to its “persuader rules” to the Office of Management and Budget – a key final step before the new rule takes effect. The DOL hopes to have the...more

Return of The Persuader Rule

Employers may recall the Department of Labor’s prior attempts to implement the “persuader rule” which seeks to narrow the “advice” exemption with respect to what union-related communications between employers and attorneys...more

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

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

DOL's Persuader Rule Advances

After years in regulatory limbo, the Department of Labor’s final revisions to the so-called “persuader” rule have moved one step closer to publication. On December 7, the DOL’s Office of Labor-Management Standards (OLMS)...more

New Department of Labor Agenda Delays Persuader Rules Again; Announces Other Priorities

For the past several years, we have been tracking the U.S. Department of Labor’s (DOL) consideration of new regulations that would significantly narrow the DOL’s interpretation of the Labor-Management Reporting and Disclosure...more

Labor Issues Staying at the Forefront of Political, Legal Discussions with NLRB, DOL Activity

As we have discussed over the past few weeks, the NLRB was busy as 2014 drew to a close. On December 11, 2014, the Board overruled its Register Guard decision in Purple Communications, establishing a new standard that...more

Department Of Labor Delays Persuader Rules Again; Will Not Be Released This Month

As we have been reporting, the U.S. Department of Labor (DOL) has been considering new regulations that would significantly narrow the DOL’s interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) that has...more

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

A Review of Labor and Employment Policy in 2013: What’s Next in 2014?

As 2013 comes to a close, it’s time to assess what happened and what didn’t happen in Washington, D.C. during the year in terms of labor and employment law legislation, regulations, and litigation. The short version is that...more

Department Of Labor Resets Persuader Rules Deadline For March 2014

In June 2011, the U.S. Department of Labor (DOL) proposed new regulations that would significantly narrow the DOL’s interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) that has been in force since...more

The NLRB’s “Quickie Election” Rule and the DOL’s “Persuader” Rule: Back in the Spotlight with NLRB and Labor Appointments

Recently, the Senate confirmed Thomas Perez as Secretary of Labor and all five of President Obama’s nominees to serve as members of the National Labor Relations Board (“NLRB”)....more

Department Of Labor Sets November 2013 Deadline For Persuader Rules

In June 2011, the U.S. Department of Labor (DOL) proposed new regulations that would significantly narrow the DOL’s interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) that has been in force since...more

As May Approaches, No Sign Of Persuader Rules From Department Of Labor

In June 2011, the U.S. Department of Labor (DOL) proposed new regulations that would significantly narrow the DOL’s interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) that has been in force since...more

The Second Obama Term: NLRB Outlook

Employers should expect a continuation of the policies from the last four years as the NLRB seeks to extend the reach of the NLRA to nonunion workplaces and promotes increased unionization and collective bargaining....more

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