Unions Collective Bargaining

News & Analysis as of

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

Iniciativa de Reforma a la Constitución y a la Ley Federal del Trabajo

El pasado 28 de abril del año en curso, el presidente de Mexico, Enrique Peña Nieto, envió al Senado de la República una iniciativa para enmendar varios artículos de la Constitución Política de los Estados Unidos Mexicanos (...more

Proposed Amendments to the Mexican Constitution Would Represent a Significant Reform to the Federal Labor Law

On April 28, 2016, Mexican President Enrique Peña Nieto presented to the Mexican Senate a bill proposing to amend several sections of the Mexican Constitution. These proposed changes would represent a significant reform to...more

Changing Past Practices – You Might Already Have the Right to Do What You Want

Employers frequently find themselves in a situation where they have the right to do something under their labor agreements, but they have not been exercising the right. For example, the labor agreement might provide...more

Department of Labor’s Long-Debated “Persuader” Regulations Expand the Scope of the Consulting Relationships that Must be Reported...

The U.S. Department of Labor’s Office of Labor-Management Standards (“OLMS”) recently issued its long-debated “persuader” regulations which, as of July 1, 2016, will require employers and their labor relations consultants,...more

No April Foolin’ – Third Lawsuit Challenging DOL Persuader Rule Is Filed

We now have an April Fool’s Day Persuader Rule challenge (but it’s real). The National Federation of Independent Business leads this group of plaintiffs, and has filed suit in federal court in Texas, which is in the Fifth...more

Not So Fast! Business Groups Sue to Block DOL "Persuader" Rule

On March 30, 2016, one week after the U.S. Department of Labor (DOL) published its final “Persuader” Rule, the National Association of Manufacturers and other national, state and local business groups sued the DOL to block...more

Split Supreme Court Upholds Union Agency Fees...for Now

On March 29, 2016, the United States Supreme Court affirmed a decision permitting public-sector unions to continue collecting “agency fees” from nonmember workers. This is a major victory for public sector unions, as a...more

Second Lawsuit Challenges USDOL Persuader Rule

Mercy me! We now have a second challenge to the U.S. Department of Labor’s Persuader Rule, filed today in federal court in Minnesota. This morning, I reported on a lawsuit filed yesterday in federal court in Arkansas. What...more

Public Sector Unions Dodge a Bullet on Non-Member Fees

Public sector union officials and their allies will breathe easier as a challenge to the collection of “agency fees” from non-members was rejected by a deadlocked United States Supreme Court earlier this week. In a per curiam...more

First Lawsuit Challenges DOL’s Persuader Rule

Like the first robin in spring, here is what we believe is the first lawsuit challenging the “Persuader Rule,” issued last week by the U.S. Department of Labor. ...more

DOL Releases Final "Persuader" Rule, Touting Transparency

In a move highly anticipated and supported by unions, the U.S. Department of Labor (DOL) issued its final “persuader” rule on March 23, 2016. The revised rule expands the information which must be disclosed by employers and...more

Employers Must Prepare Immediately for the Persuader Rule

On March 23, 2016 the United States Department of Labor issued its final “persuader rule” for publication. The persuader rule “modifies” the “advice exemption” under the Labor-Management Reporting Disclosure Act of 1959...more

U.S. Department of Labor Publishes New Persuader Rule

The U.S. Department of Labor (DOL) published on March 23, 2016, its controversial "persuader" rule concerning labor relations activity that will force many employers and their law firms to file reports annually with the...more

Department of Labor Publishes Long-Awaited “Persuader” Final Rule

On March 24, the Department of Labor published its long-awaited revisions to its regulations regarding the “persuader” reporting requirement under Section 203 of the Labor Management Reporting and Disclosure Act (LMRDA). As...more

Lifting the Curtain on Union Organizing Campaigns

Office of Labor-Management Standards (OLMS) Final Rule on Persuader Reporting Increases Transparency for Workers - The Persuader Final Rule realigns the Department’s regulations with the text of a law passed by Congress,...more

DOL Issues Final Union “Persuader” Rule

On March 24, 2016, the Department of Labor (DOL) published the long-awaited final union “Persuader Rule,” which significantly expands the public reporting requirements of employers and their consultants (including attorneys)...more

Department of Labor Issues Long-Awaited "Persuader Activity" Final Rule

On March 24, 2016, the U.S. Department of Labor (DOL) issued a final rule, 81 Fed. Reg. 15924, that will require employers to file public reports with the DOL when they use consultants (including lawyers) to provide labor...more

Department of Labor Issues New “Persuader” Regulations Expanding Employers’ Reporting Obligations Under LMRDA

On March 24, 2016, the U.S. Department of Labor (DOL) will publish new regulations expanding the obligations of employers and lawyers to report certain information to the DOL under the Labor Management Reporting and...more

Vermont Becomes the Fifth State to Pass Paid Sick Leave Legislation

On March 9, 2016, Vermont Governor Peter Shumlin signed House Bill 187 into law, making Vermont the third state in New England and the fifth state in the United States – after California, Connecticut, Massachusetts, and...more

Numbers Game? Latest Statistics Show Further Increase in Union Membership in Connecticut

The death of unions has been predicted time and again. Each time a new round of statistics come out, we (me included) try to make some sense of it....more

Can Graduate Student Assistants Unionize?

In 2004, the NLRB found that graduate student assistants at Brown University who performed services in connection with their studies were not employees and thus could not unionize. The NLRB is now revisiting this issue in a...more

NLRB to Consider Whether Grad Students at Private Universities Are “Employees” Covered by the NLRA

Whether graduate student assistants at private universities are “employees” covered by the National Labor Relations Act (NLRA) might soon be taken up (again) by the National Labor Relations Board (NLRB). Since overruling...more

Seattle Becomes First City in U.S. to Allow Uber Drivers to Unionize

In December, 2015, the Seattle City Council unanimously voted in favor of legislation that expressly permits drivers for Uber, Lyft and other ride-hailing services to unionize. Drivers for these companies, who are treated as...more

Uber Complicated? State and Local Labor Law May Fill in Federal Gaps

Last week, Seattle passed a historic law that would allow Uber drivers – whom Uber has steadfastly maintained are independent contractors despite legal challenges – to organize, form a union, and bargain over the terms and...more

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