On November 16, 2016, a federal judge from the Northern District of Texas issued a permanent injunction barring the U.S. Department of Labor from enforcing its new “persuader rule.”
The Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.SC. § 401 (2006), et seq., passed in 1959, amended the National Labor Relations Act by requiring employers and their hired labor relations consultants, including attorneys, to report their direct involvement in persuading employees not to unionize or engage in collective bargaining.
The new persuader rule issued on March 24, 2016, expanded the scope of reportable activities to include not only those that involve the consultant or attorney making direct contact with employees, but also indirect activities where the consultant or attorney works with the employer to draft or review documents, presentations, speeches, and other materials to aid the employer in union avoidance and other related activities. The new persuader rule was set to become effective on July 1, 2016.
Now that the new persuader rule is permanently blocked from enforcement, employers are wondering what this means going forward. Employers and their consultants, including attorneys, must still report direct persuader activities, which are activities that involve direct contact between the consultant and the employees.
For additional information on this or any related topic, please contact Indiana labor and employment law attorney Olivia Robinson at (812) 423-3183 or orobinson@KDDK.com, or contact any member of the KDDK Labor and Employment Law Practice Team.
About the Author
Olivia Robinson is an Indiana labor and employment law attorney who leverages her strong legal research, organization and communication skills as she advises employers on avoiding and defending against harassment, discrimination, retaliation, and other employment-related claims in federal and state courts and before local, state and federal administrative agencies.