Search form

Congress Seeks to Block ‘Persuader’ Rule

By Philip B. Rosen
  • April 18, 2016

Republicans in the House of Representatives have introduced a joint resolution (H.J. Res. 87) expressing congressional disapproval and seeking to block implementation of the United States Department of Labor’s controversial Final Rule relating to “persuader” activity under the Labor-Management Reporting and Disclosure Act (LMRDA). The Rule is set to become effective on April 25, 2016.

Under the new DOL rule, published on March 24, 2016 (81 Fed. Reg. 15,924), both the employer/client and its consultant/attorney would be required to report to the DOL all arrangements in which an “object” (directly or indirectly) of the services provided by the consultant/attorney is to persuade employees about the manner of exercising the employees’ “right to organize and bargain collectively through representatives of their own choosing” under federal labor law. (See our article, DOL’s Rule Redefining LMRDA ‘Advice Exception’ and Expanding Types of Activities Considered Persuasive, Reportable is Finalized – Effective Late April 2016.) The rule will be applicable to agreements, arrangements and payments made on or after July 1, 2016.

Representative Bradley Byrne (R-AL), a member of the House Committee on Education and the Workforce, introduced H.J. Res. 87, saying, “I am proud to introduce legislation to protect hardworking Americans and employers from a rule that would restrict privacy, upend the attorney-client relationship, and limit employee access to information during an organizing campaign.”

In addition, at least three lawsuits have been filed challenging the Final Rule.

Please contact a Jackson Lewis attorney with any questions.

©2016 Jackson Lewis P.C. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis.

This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Jackson Lewis P.C. represents management exclusively in workplace law and related litigation. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed or the Jackson Lewis attorney with whom you regularly work.

See AllRelated Articles You May Like

February 9, 2018

Employers Take Note: Labor Board Poised to Reverse Additional Obama-Era Work Rule Interpretations

February 9, 2018

The National Labor Relations Board has taken another giant step toward repudiating the Obama-era Board’s highly restrictive interpretations of work rules, set forth in Lutheran Heritage-Livonia, 343 NLRB 646 (2004). In Grill Concepts Services, Inc. v. NLRB, Nos. 16-1238, 1287, at the Board’s request, the U.S. Court of Appeals for the... Read More

February 7, 2018

Déjà Vu: Implications of a Government Shutdown on Federal Contractors

February 7, 2018

For the second time in a month, for lack of agreement on funding the government long-term, we face the specter of a government shutdown. The government shutdown that began on January 20, 2018, lasted three days. Congress ended that shutdown after voting on a stopgap measure to fund the government until February 8, 2018. As that date... Read More

January 29, 2018

Proposed Amendment to New York Alcoholic Beverage Control Law Affects Hotels in State

January 29, 2018

New York Governor Andrew Cuomo has proposed language in his budget amending the definition of a “Hotel” under the state Alcoholic Beverage Control (“ABC”) Law Section 3(14) to eliminate the requirement for hotels to have a restaurant in the building of the hotel. Currently, in order for a hotel to qualify for a “Hotel” liquor license... Read More