The U.S. Department of Labor (DOL) has finalized controversial revisions of its so-called “persuader” regulations governing disclosures that employers, labor consultants, and law firms must make regarding certain activity that has an “object of” influencing employees in the context of union organizing efforts.
The revisions significantly expand current reporting requirements to include activities routinely entered into between employers and outside legal counsel and, in some cases, the reporting of activities that are considered confidential or privileged.
While DOL’s revised persuader rule ostensibly keeps the focus on union organizing campaigns, DOL’s new regulations are broad enough to require employers to re-evaluate whether they are now required to report their use of outside consultants and lawyers in other contexts. For example, reporting requirements may be triggered by using third-party experts to help develop employment policies and practices such as those for grievance administration, non-disparagement, and non-solicitation. The new rules are scheduled to go into effect for arrangements entered into and/or payments made after July 1, 2016.
A copy of the DOL’s 129-page final rule, published in the Federal Register on March 24, 2016, is available here.
Members of the Equal Employment Advisory Council (EEAC) can read more here.