Today, the National Labor Relations Board (NLRB), along with the U.S. Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC), announced the creation of an interagency initiative to raise awareness of worker retaliation issues. Building upon their pre-existing interagency relationships, the NLRB, DOL, and EEOC seek to further protect workers from unlawful retaliatory … Continue Reading
The Department of Labor fully rescinded the 2016 changes made to the Persuader Rules.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
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
This week federal labor agencies have launched two proposed rulemakings of significance. Both may have a substantial impact on the substance and process of employer communications with employees on the issue of union representation. First, the U.S. Department of Labor, Office of Labor-Management Services, announced a notice of proposed rule making revising the so-called “persuader” regulations. … Continue Reading
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