Persuader Rules

News & Analysis as of

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

Never too Late for Some 2016 Employment Predictions!

While we are still saying “Happy New Year” (I checked and was told that January 21 was still “not too late” to wish good tidings for 2016), and as we get ready for the Great East Coast Blizzard of 2016, I thought it would be...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

Our Top 5 Requests for Santa

Dear Santa: We’ve been very good management-side labor and employment lawyers this year. We have fought zealously for our clients and won big cases throughout the country. We have returned client calls in a timely manner...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

Some Surprises in DOL’s Just Issued Spring 2014 Regulatory Agenda

On Friday, May 23, 2014, the White House, through its executive branch and other federal agencies, issued the Spring 2014 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas...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

New Year Opens With Demise Of The NLRB’s “Poster” Rule And Further Delay For The DOL’s “Persuader” Rule

While 2014 is by most accounts predicted to be a robust regulatory year for the National Labor Relations Board (“NLRB”) and the Department of Labor (“DOL”), the initial start has commenced with only a sputter. Effectively...more

The Employment Law Authority - November/December 2013

In This Issue: - Harassment. Are your executive training programs effective? - State Round-Up. Learn about the latest employment law news in your state - Unions. Harold Coxson and Baker Wyche discuss the new...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

Workplace Policy Institute – A Special Labor Day 2013 Report: Is Labor Poised For Rebirth?

In This Publication: - Introduction - New Face of the NLRB - Bargaining Unit Determination - Other precedent-changing Decisions - New NLRB Members - NLRB General counsel ...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

Workplace Policy Institute: Agencies Release Spring 2013 Regulatory Agendas; Final Persuader Rule Expected in November

Federal agencies have released their spring 2013 regulatory agendas outlining the rules they will likely propose or issue in final form during the next six-month period. While agencies often stray from their stated goals and...more

Department Of Labor Quietly Announces Impending Release Of New “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

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