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
Persuader Rule
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…