As we have
previously reported, in March of 2016, the Department of Labor
("DOL") issued a reinterpretation of the Persuader
Activities Rule (The "Revised Rule"). This Revised Rule
required that:
- employers must annually report agreements that have the object
of dissuading employees from supporting unions ("persuader
activities agreements");
- consultants must report such persuader activities agreements
within 30 days; and
- consultants who enter persuader activities agreements must
report payments from employers for all "labor
relations advice and services." (the "LM-21
Report").
This changed a long-standing rule for what qualified as
"persuader activities." Previously, if the
consultant had direct contact with the target employees, it was
acting as a "persuader" and the employer and the
consultant had to file reports. However, if the consultant had
no direct contact with employees, it fell under an exemption that
covered the "advice" exception.
