News & Analysis as of

LMRDA

Defending Employers’ Access to Legal Advice: Comments Filed Supporting DOL’s Rescission of Controversial Persuader Rule

August 11, 2017, was the deadline for interested parties to submit comments regarding the U.S. Department of Labor’s (DOL) proposal to formally rescind its controversial persuader rule, which was issued in 2016 under the...more

The Department of Labor Pulls the Plug on the “Persuader Rule” - Comment Period Open

by Best Best & Krieger LLP on

The Department of Labor has begun the process of withdrawing a 2016 regulation that increased the reporting requirements for employers, labor relations consultants and others under the Labor-Management Reporting and...more

WPI Insider Briefing: Workplace Policy under the Trump Administration Begins to Take Shape as "Repeal and Replace" of the ACA...

by Littler on

Five months into President Trump's term, his administration's workplace policy is beginning to take shape. From notable developments at the Department of Labor (DOL), to long-awaited nominations to the National Labor...more

Here We Go Again! DOL Proposes to Rescind the Permanently Enjoined “Persuader” Rule (and Perhaps Revise It)

The U.S. Department of Labor (DOL) moved one step closer to undoing President Obama's permanently enjoined “persuader activity” regulation when, on June 12, the agency issued a notice of proposed rulemaking (NPRM) for reverse...more

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

DOL Issues Notice of Proposed Rulemaking to Rescind Obama Administration’s Final Persuader Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Trump Administration DOL issues notice of proposed rulemaking to rescind Obama Administration DOL’s long-embattled final persuader rule. The proposed rule is open for public comments for 60 days....more

Another One Bites the Dust: DOL Rescinds Obama’s Persuader Regulations

Earlier this month, the United States Department of Labor (“DOL”) announced its intent to rescind the Obama-era regulations regarding persuader activity and reporting requirements pursuant to Section 203(c) of the...more

Out With A Whimper: DOL Moves To Rescind Persuader Rules

As we reported last month, the DOL was considering what to do with the enjoined persuader rules, new regulations that would have drastically changed the interpretation of the advice exemption to the LMRDA reporting...more

Proposed Rule Seeks To Finish Off Obama Administration’s “Persuader Rule” For Good

The U.S. Department of Labor has issued a Notice of Proposed Rulemaking to rescind the Obama Administration’s version of the “Persuader Rule.” The Obama Rule never actually became applicable because it was enjoined by a...more

Restoring the Power of Persuasion – The DOL Takes Another Step Toward Ending the Persuader Rule

The Department of Labor (“DOL” or “Department”) has continued its efforts towards eliminating the “Persuader Rule”, a controversial Obama-era regulation which requires employers to report arrangements made with third parties...more

Trump Administration Begins Process To Rescind “2016 Persuader Rule”

The Trump Administration has begun the process to rescind the “2016 Persuader Rule,” one of the most contentious employment-related regulations issued during the Obama Administration. Earlier this week, the U.S. Department of...more

DOL Takes Significant Step Forward in Rescinding Persuader Rule

by Conn Maciel Carey LLP on

This week the Department of Labor (“DOL”) submitted a proposed rulemaking that would rescind the regulation commonly termed the “Persuader Rule” to the Office of Management and Budget’s Office of Information and Regulatory...more

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

by McGuireWoods LLP on

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...more

Labor Law 2016: A Year In Review

by McGuireWoods LLP on

Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

Executive Labor Summary - November / December 2016

NEWS & ANALYSIS - President-Elect Trump chooses Andrew F. Puzder for U.S. Secretary of Labor – “the times they are a changin’.” As we reported at the time, on December 8 President-Elect Trump announced that Andrew F....more

Judge Permanently Blocks USDOL’s “Persuader Rule”

by Davis Wright Tremaine LLP on

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

Season’s Greetings: Three Recent Wage and Hour Developments that Employers can be Thankful For

With leaves falling, temperatures dropping, and Thanksgiving less than a day away, Americans are rapidly gearing up for the 2016 Holiday Season—the magical time between Black Friday and New Year’s when retailers kick into...more

The “Persuader Rule” Permanently Enjoined

by 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

The Wind of Change is Blowing (from Texas), Whether the DOL Likes it or Not

It has been a rough few weeks for the Department of Labor (“DOL”) in Texas federal court. Yesterday in Sherman, Texas, U.S. District Judge Amos Mazzant granted a nationwide preliminary injunction temporarily blocking the...more

DOL Persuader Regulations Suffer Fatal Blows

by Morgan Lewis on

Issuance of a nationwide, permanent injunction and the election of Donald Trump put an end to DOL’s controversial persuader regulations. The US District Court for the Northern District of Texas last week issued a...more

Nationwide Permanent Injunction Bars Implementation of DOL's "Persuader Rule"

by BakerHostetler on

As we explained in our client alert and blog posting on June 30, 2016, a Texas federal court on June 27 enjoined the United States Department of Labor (DOL) from implementing its new interpretation of the “Persuader Rule.” In...more

Texas Federal Judge Rules DOL “Persuader Rule” Unlawful

The Department of Labor’s (DOL) controversial “Persuader Rule” is off the table—at least for now. U.S. District Judge Cummings in the Northern District of Texas granted summary judgment to 10 states, including Texas, and...more

Permanently Barred: ‘Persuader' Rule Not Persuasive to Texas Judge

by Faegre Baker Daniels on

The U.S. Department of Labor’s (DOL) “Persuader” Rule is unlawful and should not become law anywhere in the United States. That is the holding of an order issued on November 16, 2016, by United States Senior Judge Sam R....more

Texas Judge Invalidates Persuader Rule     

As you may recall, a few months ago we talked about the Department of Labor’s controversial “persuader” rule. The rule would have required labor relations consultants and attorneys who advise businesses on union-related...more

DOL Persuader Rule Blocked by Federal Judge

by 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

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