Persuader Rule Articles

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Labor Update: DOL Rescinds Persuader Rule, NLRB Rejects Joint Employer Settlement

July 19, 2018

Labor Update: DOL Rescinds Persuader Rule, NLRB Rejects Joint Employer Settlement

The Department of Labor (DOL) announced July 17 that it would rescind an Obama-era rule known as the Persuader Rule. This 2016 regulation would have required more disclosures from employers that work with consultants to counter union activities. The rule required employers and consultants to disclose not only when they reached an agreement regarding activities to persuade employees about “how or whether to exercise their collective bargaining rights,” but also when consultants simply provided advice, including “recommending drafts of or revisions to…speeches and communications” that were intended to influence employees with regard to collective bargaining and other organizational rights.

Department of Labor Proposes Rescinding Obama Administration Changes to Persuader Rule

June 19, 2017

Department of Labor Proposes Rescinding Obama Administration Changes to Persuader Rule

The Department of Labor has proposed rescinding the Obama Administration's changes to the so-called "persuader rule." The proposal is supported by the employer community and opposed by organized labor, and represents another step that the Trump Administration is taking to peel back some of the Obama Administration's labor initiatives.

DOL Begins Process to Rescind Persuader Rule

May 26, 2017

DOL Begins Process to Rescind Persuader Rule

The Department of Labor on May 23 sent to the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) a new proposed rulemaking rescinding the Obama Administration’s persuader rule.

Judge Blocks New Persuader Rule Implementation, Likely Permanently

November 21, 2016

Judge Blocks New Persuader Rule Implementation, Likely Permanently

The U.S. District Court for the Northern District of Texas on Nov. 16 enjoined the U.S. Department of Labor (DOL) from implementing and enforcing its recent changes to the Persuader Rule.

District Court Blocks Persuader Rule

June 28, 2016

District Court Blocks Persuader Rule

The U.S. District Court for the Northern District of Texas on June 27 granted a preliminary injunction that temporarily prevents the U.S. Department of Labor (DOL) from implementing and enforcing its recent changes to the Persuader Rule. That rule was scheduled to take effect July 1. The injunction will be in effect until the district court issues a decision on the merits of the lawsuit or a higher court overrules the injunction if the DOL appeals it.

July 1 Marks Persuader Rule Compliance Date

June 24, 2016

July 1 Marks Persuader Rule Compliance Date

July 1 marks the deadline when employers and consultants must comply with the Department of Labor’s (DOL) new “Persuader Rule.”

Congressman Byrne Introduces Resolution to Nullify Persuader Rule

April 29, 2016

Congressman Byrne Introduces Resolution to Nullify Persuader Rule

Rep. Bradley Byrne (R-Ala.) recently introduced a resolution (H.J. Res 87) under the Congressional Review Act to nullify the Department of Labor’s controversial final persuader rule, which went into effect April 25.

Business Groups Challenge DOL Persuader Rule

April 1, 2016

Business Groups Challenge DOL Persuader Rule

The Coalition for a Democratic Workplace, the National Association of Manufacturers, the Associated Builders and Contractors and other business groups filed a lawsuit in federal court in Arkansas March 30 challenging the Department of Labor’s (DOL) final Persuader Rule.

Labor Dept. Issues Final "Persuader" Rule on Union Organizing Communications by Employers

March 25, 2016

Labor Dept. Issues Final "Persuader" Rule on Union Organizing Communications by Employers

The Department of Labor (DOL) on March 23 issued its final "Persuader Rule," requiring employers and their hired labor-relations consultants to disclose far more of their communications to employees. The employer community has expressed concern that the rule will limit employers' access to expert advice as to how to communicate with employees regarding the pros and cons of unionization.

Labor Department Sets December Deadline for Persuader Rule

May 27, 2015

Labor Department Sets December Deadline for Persuader Rule

The Department of Labor (DOL) has set a December timeframe for issuing the Persuader Rule, which would limit ways in which employers can communicate with their employees as they decide whether to unionize.