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 material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Reproduction of this material in whole or in part is prohibited without the express prior written consent of Jackson Lewis P.C., a law firm that built its reputation on providing workplace law representation to management. Founded in 1958, the firm has grown to more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries including government relations, healthcare and sports law. More information about Jackson Lewis can be found at www.jacksonlewis.com.

See AllRelated Articles You May Like

September 20, 2019

NLRB Proposes Rule to Exclude Student Workers at Private Colleges, Universities from NLRA Coverage

September 20, 2019

The National Labor Relations Board (NLRB) has issued a Notice of Proposed Rulemaking to establish that “students who perform any services for compensation, including, but not limited to, teaching or research, at a private college or university in connection with their studies are not ‘employees’ within the meaning of Section 2(3) of the... Read More

September 17, 2019

Access to Private Property: Labor Board Rules Girl Scout Cookies and Union Protesters are Different

September 17, 2019

A nonemployee’s solicitation for charitable or civic causes on an employer’s property is not the equivalent of a nonemployee union representative’s engaging in a protest soliciting customers to boycott an employer or in union organizing on the property, the National Labor Relations Board (NLRB) has held. Kroger Limited Partnership, 368... Read More

September 13, 2019

Top Five Labor Law Developments for August 2019

September 13, 2019

The National Labor Relations Board (NLRB) found an employer did not violate the National Labor Relations Act (NLRA) by misclassifying its employees as independent contractors. Velox Express, Inc., 368 NLRB No. 61 (Aug. 29, 2019). Velox engaged drivers classified as independent contractors to transport medical samples to hospitals and... Read More