The U.S. Department of Labor (DOL) has formally rescinded a controversial labor regulation promulgated during the final year of the Obama Administration that would have vastly expanded employer reporting requirements pertaining to “persuader” activity, although the rule never went into effect because of a nationwide injunction issued in 2016 by a federal court in Texas.
More specifically, the so-called persuader rule significantly expanded reporting and disclosure requirements applicable to employers and their consultants and attorneys in conjunction with union organizing campaigns by essentially eviscerating an “advice” exemption contained in the Labor-Management Reporting and Disclosure Act (LMRDA).
The official rescission by DOL of the Obama Administration’s interpretation now formally restores the previously long-standing interpretation of the reporting requirements and the advice exemption.
A copy of DOL’s final rescission, as published in the Federal Register, is available here.
Members of the Center for Workplace Compliance (CWC) can read more here.