LMRDA

News & Analysis as of

Two Federal Courts Issue Guidance on DOL’s “Persuader Rule”

Recent Department of Labor (DOL) rulemaking proceedings and compliance letters have been successfully challenged in the federal courts. These cases are important because the work of the DOL, in enforcing and interpreting the...more

New Labor “Persuader” Reporting Requirements, Status in Flux

A federal judge in Texas has issued a nationwide injunction against the new labor “persuader” reporting requirements that were due to take effect on July 1, 2016. The ruling does not impact earlier employer reporting...more

Executive Labor Summary - May / June 2016

NEWS & ANALYSIS - DOL Persuader Rule will not take effect July 1, after court issues preliminary injunction – In the second decision to be issued in the three lawsuits challenging the U.S. Department of Labor’s new...more

Judge Issues Nationwide Injunction on DOL Persuader Rule

A Texas federal judge issued a nationwide preliminary injunction this week barring the Department of Labor (DOL) from enforcing its Persuader Rule, which was set to take effect on July 1, 2016. This is the second federal...more

The Persuader Rules: Final Opportunity to Avoid Department of Labor Reporting Requirements

The U.S. Department of Labor (“DOL”) recently issued its final regulations regarding the “advice exception” to reporting requirements of employers and lawyers under the Labor-Management Reporting and Disclosure Act. ...more

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

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

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

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

New DOL Rules Heighten Disclosure Requirements for Labor “Persuaders”

The U.S. Department of Labor (DOL) recently announced significant revisions to the “persuader” rules set forth in the Labor Management Reporting & Disclosure Act of 1959 (LMRDA). The new rules impose increased disclosure...more

Federal Court Issues Nationwide Injunction Against DOL Persuader Rules

Additional litigation and appeals are likely, but for now, the DOL’s persuader rules will not take effect on July 1. The US District Court for the Northern District of Texas imposed a nationwide injunction on June 27...more

DOL is Enjoined From Enforcing New Persuader Rule

On June 27, 2016, the United States District Court for the Northern District of Texas enjoined the Department of Labor (DOL) from enforcing its new persuader rule (Rule) which was scheduled to go into effect on July 1, 2016....more

Persuader Rule Is Enjoined, but What Does That Mean?

Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit recently opened an opinion with this sentence: “Common sense sometimes matters in resolving legal disputes.” While it is...more

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

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,...more

Urgent Message on Union Persuader Rules

In anticipation of the July 1, 2016 effective date of the new "persuader rules" from the U.S. Department of Labor, Varnum has prepared an agreement that would allow existing clients to avoid the new reporting requirements on...more

DOL's 'Persuader' Rule Blocked By Texas Judge

A Department of Labor rule requiring employers to disclose when they hire lawyers and consultants during union organization campaigns has been at least temporarily put on hold. On June 27, 2016, a federal district court...more

Don’t Mess With Texas: Lubbock District Court Judge Issues Preliminary Injunction Blocking DOL’s Changes to the “Persuader” Rule

Employers and trade associations breathed a collective sigh of relief today after Lubbock District Court Judge Sam R. Cummings entered a nationwide injunction preventing the DOL from enforcing its changes to the “persuader”...more

Lubbock Judge Grants Motion to Halt Persuader Rule

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

New Persuader Rule Blocked by Federal Court

On Monday, June 27, 2016, U.S. District Judge Sam Cummings entered a nationwide injunction in the case of National Federation of Independent Business et al. v. Perez et al., 5:16-cv-00066 (ND TX) blocking the U. S. Department...more

Court Halts Labor Department’s New Persuader Rule

The U.S. District Court for the Northern District of Texas, Lubbock Division, has issued a nationwide preliminary injunction against the U.S. Department of Labor’s “persuader” rule promulgated under the Labor-Management...more

Employers Enjoy First Round Victory: Persuader Rule Blocked!

Describing the federal government’s controversial persuader rule as “defective to its core,” the United States District Court for the Northern District of Texas today blocked the rule in its entirety. Had it not been...more

Last Minute Relief From New Persuader Rule

Please see Infographic below for more information. ...more

Federal District Court in Texas Blocks New DOL Persuader Rule

Last week, we reported that a federal district court in Minnesota determined that the new Department of Labor (DOL) persuader rule likely is unenforceable because it conflicts with the Labor Management Reporting and...more

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

Texas District Court Issues Nationwide Injunction Blocking the Department of Labor’s Persuader Rule

On June 27, 2016, the District Court for the Northern District of Texas issued a nationwide injunction enjoining the Department of Labor’s (DOL) Persuader Rule, 81 Fed. Reg. 15924.  In reaching this conclusion, the court...more

Legacy and Grandfathered Agreements are Not Subject to Disclosure Requirements Under the Department of Labor’s New “Persuader”...

On March 24, 2016, the U.S. Department of Labor’s (“USDOL”) Office of Labor-Management Standards (“OLMS”) published its highly controversial “persuader” regulation, which requires employers and labor relations consultants,...more

Federal Court Refuses to Block U.S. DOL Persuader Rule but Says Rule Is Probably Invalid

In the first decision to be issued in the three lawsuits challenging the U.S. Department of Labor’s “Persuader Rule,” a federal judge in Minnesota refused the challengers’ request for a preliminary injunction. If Judge...more

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