The U.S. Department of Labor (DOL) recently issued the final version of its “Labor-Management Reporting and Disclosure Act, Interpretation of the Advice Exemption.” Referred to as the new “Persuader” rule, it requires employers and legal consultants to publicly disclose any arrangement to persuade employees, either directly or indirectly, regarding the right to organize unions.
The DOL rule officially went into effect on April 25, 2016, and will be applicable to arrangements, agreements, and payments made on or after July 1, 2016. However, a number of lawsuits have been filed across the country challenging the legality of the new rule. ES&A was among 12 member firms of the Employment Law Alliance (ELA) who filed an amicus curiae brief in support of one such lawsuit. Read the ELA amicus brief here.
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