Executive Summary: The Department of
Labor (DOL) has rescinded the revised version of its
"persuader rule," which had gone into effect in April
2016. The now-rescinded rule had substantially narrowed the advice
exemption to the Labor Management Reporting and Disclosure Act
(LMRDA). The Final Rule rescinding the revised rule was published
in the Federal Register today (July 18, 2018) and is available here. With this rescission, the DOL will
return to its traditional interpretation of the persuader rule.
Since 1959, the LMRDA has required the disclosure of
arrangements made between employers and labor consultants to
persuade workers to oppose unionization or collective bargaining.
The rule has generally applied only when a lawyer or consultant
dealt directly with employees in an attempt to affect their support
during the course of a union organizing campaign. As a result of
the "advice" exemption, the reporting requirement has not
been applied to lawyers offering advice
