DOL Persuader Rule Would Threaten U.S. Business
The Department of Labor ("DOL") intends to implement a new rule that would reverse the DOL’s longstanding interpretation of the advice exemption to the Labor-Management Reporting and Disclosure Act ("LMRDA") and expand the scope of employer activities that would trigger reporting requirements under the LMRDA. The so-call "persuader" rule is a linchpin of organized labor’s efforts to increase union membership. This proposed change, which the DOL seeks to implement by November 2013, is expected to have a significant impact on employers and others, including employer associations and attorneys who provide advice to employers in labor and employment matters. As union membership and interest in organizing has waned, this is yet another attempt by organized labor to remain relevant.
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