On June 24, 2024, Judge Sam R. Cummings of the U.S. District Court for the Northern District of Texas enjoined part of a U.S. Department of Labor (“DOL”) Rule altering the Davis-Bacon Act. In his opinion, Judge Cummings held that the DOL had engaged in “egregious violations” of the U.S.
Department of Labor
BREAKING: The Department of Labor and The National Labor Relations Board Announce Agreement Enhancing Cooperation Between the Agencies
By Steven Porzio, Joshua Fox & Jordan Simon on
On January 6, 2022, the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) announced that the two agencies signed a Memorandum of Understanding (MOU) detailing procedures on information-sharing, joint investigations and enforcement activity, and training meant to strengthen the agencies’ partnership in enforcing the laws administered…
Concluding the 2016 Persuader Rule Changes “Exceeded Authority” of the LMRDA, DOL Rescinds Them
By Mark Theodore on
The Department of Labor fully rescinded the 2016 changes made to the Persuader Rules. The DOL concluded that the 2016 rule changes “exceeded the authority of the Labor-Management Reporting and Disclosure Act (LMRDA)” because they “impinged on attorney-client privilege. The action rescinding the rule was announced in a July 17,…
Out With A Whimper: DOL Moves To Rescind Persuader Rules
By Mark Theodore on
As we reported last month, the DOL was considering what to do with the enjoined persuader rules, new regulations that would have drastically changed the interpretation of the advice exemption to the LMRDA reporting requirements. In sum, the new rules effectively narrowed the advice exemption to require reporting of a…
Signs Point To Change In Government’s Position On New (But Currently Enjoined) Persuader Rule
By Mark Theodore on
The fight over the Department of Labor’s attempt to “clarify” the 50 plus year interpretation of the persuader rules may be coming to an end. After its implementation, the persuader rule was immediately challenged in litigation in Minnesota and Texas. Late last year, the U.S. District Court in Texas issued…
Permanent Pause to Persuader Rule: Texas Court Issues Permanent Nationwide Injunction
By Michael Lebowich & Lee Douthitt on
On November 16, 2016, in National Federation of Independent Business v. Perez, No. 5:16-cv-00066, a federal judge in Texas issued a permanent injunction preventing the Department of Labor (the “DOL”) from enforcing its new interpretation of the Labor-Management Disclosure Act’s “Persuader Rule.” The new DOL interpretation would have required…
Update: Revised Persuader Reporting Regulations One Step Closer To Reality
By Mark Theodore on
On Friday, December 21, 2012 the Administration published its regulatory agenda for the coming year. The Administration usually publishes a Spring version but did not do so in 2012. Among the several regulations in process, the regulatory agenda notes that the U.S. Department of Labor’s proposed narrowing of the 50…
Government Tightens Squeeze On Contractors, Publishes Final Persuader Rule For DoD, NASA and GSA Contracts
By Mark Theodore on
Contracting with the Department of Defense (“DoD”), National Aeronautics and Space Administration (“NASA”) and General Services Administration (“GSA”) will become more burdensome after December 2, 2011, according to final regulations published today. The regulations, which were proposed on April 14, 2010, and were adopted without any changes (no surprise…