Persuader Rules

News & Analysis as of

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

Federal District Court in Minnesota Finds Merit in Challenge to DOL Persuader Rule, But Denies Request to Enjoin Implementation

As we reported earlier, the new Department of Labor (DOL) “Persuader Rule” dramatically expands reporting obligations for consultants and attorneys who provide certain services to employers related to persuading employees on...more

Minnesota Court Finds Persuader Rule Has Substantial Likelihood of Being Overturned

On June 22, 2016, in Labnet, Inc. v. U.S. Department of Labor, the U.S. District Court for the District of Minnesota issued the first decision arising out of three separate lawsuits seeking preliminary injunctions blocking...more

Employers Received Mixed Message In First Of Three Persuader Rulings

July 1 Deadline Continues To Loom - A federal court in Minnesota today sent employers a mixed message about the validity of the controversial new “persuader rule” – the impending regulation that would force attorneys and...more

Minnesota District Court Denies Request to Enjoin DOL's Persuader Rule, But Signals Rule Could Be Overturned

In a decision that sheds light on the potential viability of the Department of Labor’s (“DOL”) Persuader Rule, a Minnesota district court on June 22, 2016, denied a request to enjoin the rule, which the DOL intends to begin...more

Employers: June 30 Deadline Looms for DOL's Revised Persuader Rule

The greatly expanded Persuader Rule will require employers to report any agreement or arrangement with a lawyer or third-party consultant to “persuade” employees — directly or indirectly — about their union organization and...more

DOL "Persuader" Rule Requires New Financial Reports for Lawyers and Clients

The Department of Labor (“DOL”) has issued a statutory interpretation or rule regarding “persuaders” hired by employers to assist the employer in dealing with a labor union. The rule went into effect at the end of April and...more

The DOL's Expanded Interpretation of the Persuader Rule: What It Means for Employers

The U.S. Department of Labor's (DOL) recent expanded interpretation of the "persuader rule" places a host of new compliance obligations and constraints on employers when obtaining services from an attorney or consultant....more

The Employment Law Authority - May/June 2016

The minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA) will more than double on December 1, 2016, from $23,660 per year to $47,476 per...more

DOL Provides Important Guidance Regarding “Persuader Rule”

Earlier this week, the Office of Labor Management Services (“OLMS”) of the U.S. Department of Labor (“DOL”) offered important guidance to employers concerning their reporting obligations under the recently amended Persuader...more

The Time Is Nigh: “Persuader Rule” Compliance Date Is July 1

As we have previously reported, the U.S. Department of Labor on March 24 issued regulations that adopt a new interpretation of the "persuader" reporting requirements under the Labor Management Reporting and Disclosure Act. If...more

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

"Persuader Rule" IMPORTANT UPDATE

Previously, we alerted our clients that 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...more

Welcome to the Jungle: Trade Associations and Reportable Persuader Activity

Many trade associations have little direct experience with union organizing and labor relations. When it comes to lobbying in Washington, D.C., however, trade associations know a thing or two about what it takes to be a...more

Department of Labor Provides Limited Opportunity to Obtain Advice Without Triggering the New "Persuader Rule"

The Department of Labor’s recently-issued Final Rule, 81 Fed. Reg. 15924 (the “Persuader Rule”) imposes upon employers and their advisors (including lawyers and consultants), for the first time, the obligation to file public...more

Five New Challenges Facing Retail Employers

This issue of Take 5 is devoted to recent laws and court rulings that have particular significance for retailers. These five short articles address fundamental changes to policies and practices in the retail workplace,...more

Hirschfeld Kraemer files amicus brief in suit challenging Department of Labor’s new “Persuader Rule”

The Department of Labor recently issued a final “persuader rule” under the Labor-Management Reporting and Disclosure Act (“LMRDA”). The new rule expands the reporting and disclosure requirements of firms involved in...more

Employment Practices Newsletter - May 2016

Department of Labor's Persuader Rule Convinces No One - The Department of Labor's controversial Final Rule on Persuader Reporting became effective April 25, 2016. The Rule significantly strengthens a union's rights under...more

Workplace Policy Institute Insider Report — May 2016

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The May edition of the Insider Report discusses recent agency...more

DOL Persuader Regulations Expose Every Employer to Reporting Requirements and Disclosures

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

DOL States Its Position On The True Effective Date Of Its Final Persuader Rule

Seyfarth Synopsis: DOL states that the Rule is only applicable to arrangements and agreements made on or after July 1, 2016, and to payments made pursuant to arrangements and agreements entered into on or after July 1, 2016....more

Executive Labor Summary - March / April 2016

NEWS & ANALYSIS - DOL’s “Persuader Rule”: Fight on! – As we have previously reported, the U.S. Department of Labor on March 24 issued new regulations that adopt a new interpretation of the "persuader" reporting...more

The New “Persuader Rule” and Its Impact on Manufacturers

The federal Office of Labor-Management Standards (“OLMS”) in the Department of Labor issued a Final Rule, on March 24, 2016, that significantly reinterprets the so-called Persuader Activities Rule. This rule represents the...more

Department Of Labor Greatly Expands The Scope Of Employer Reporting Obligations Related To Union Organizing Campaigns

On March 24, 2016, the United States Department of Labor (DOL) published its new Persuader Rule, which significantly changes the nature of the individuals and entities who are required to report as to whether they provided...more

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