The Department of Labor fully rescinded the 2016 changes made to the Persuader Rules.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, 2018 News Release . In announcing the change … Continue Reading
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 number of activities that had … Continue Reading
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 a national injunction halting the enforcement … Continue Reading
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 far more expansive public disclosure by law … Continue Reading
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 year interpretation of the “advice” exemption contained in … Continue Reading
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 there), deem certain labor relations costs unreimbursable … Continue Reading
Another milestone in the government’s quest to upend labor relations in the United States passed last week. The deadline for filing comments with the Department of Labor (“DoL”) about its proposal to narrow the “advice” exemption under the Labor Management Reporting and Disclosure Act (“LMRDA”) expired September 21, 2011. Several interested parties filed comments both for, but mostly against, … Continue Reading
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