Department Of Labor Issues Long-Awaited "Persuader Activity" Final Rule

On March 24, 2016, the U.S. Department of Labor (DOL) issued a final rule, 81 Fed. Reg. 15924, that will require employers to file public reports with the DOL when they use consultants (including lawyers) to provide labor relations advice and services that have the purpose of persuading employees regarding union organizing or collective bargaining. The consultants will also be required to file similar reports containing the details of advice and services provided and the amount of payment received for that advice and service. Previously, those reports were required only when a consultant providing advice had direct contact with employees. Now the reports are going to be required whenever the advice provided has a persuasive purpose, unless a court blocks the new rule. These changes will impose significant new reporting requirements on employers and their consultants.