Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Category Archives: Rulemaking

Subscribe to Rulemaking RSS Feed

DOL Intends to Rescind Persuader Rule

Posted in Department of Labor, Rulemaking
After months of waiting and wondering how the new administration would handle the appeal of the nationwide injunction prohibiting enforcement of the Obama Administration’s “persuader rule,” we finally have our answer.  The DOL is proposing to rescind the rule through notice and comment rulemaking.  Thus, on June 2, the DOL, under recently confirmed Secretary Alexander… Continue Reading

Has President Trump Forgotten About the Persuader Rule?

Posted in Department of Labor, Rulemaking, Union Organizing
The Trump Administration has acted quickly to address some of the rules promulgated by the Department of Labor (“DOL”) during the Obama presidency. One such rule is the overtime regulation that would more than double the salary threshold for employees to be exempt from overtime requirements.  The overtime rule was invalidated by a Texas district… Continue Reading

Federal Court Issues Nationwide Injunction Against DOL’s Persuader Rule

Posted in Rulemaking, Union Organizing
A federal district judge in Texas today issued a nationwide injunction prohibiting enforcement of the Department of Labor’s (“DOL”) persuader rule, saying it threatens employers’ rights to secure legal advice about union organization. The Texas court is the first court to block enforcement of the rule.  In a contrary ruling just last week, a Minnesota… Continue Reading

Big News on the Persuader Rule: Agreement Prior to July 1 Could Limit Future Reporting Obligation

Posted in Rulemaking, Union Organizing
The DOL has recently interpreted its new Persuader Rule to exclude an agreement or arrangement signed before July 1, 2016, even if the services and payments occur after July 1.  In an email exchange between the U.S. Chamber of Commerce and the DOL, the DOL said:  “Services and payments made pursuant to a multi-year agreement,… Continue Reading

Parties Attempt to Persuade Courts on Legality of New Persuader Rule as July 1st Application Date Approaches

Posted in Courts, Rulemaking, Union Organizing
Challenges to the Department of Labor’s (“DOL”) new persuader rule have reached a critical stage.  Parties opposing the rule, including industry associations and law firms, have asked courts in three separate lawsuits to stop the DOL from enforcing the rule while the courts determine whether the rule is invalid.  Several states, as well as the… Continue Reading

Amid Legal and Political Challenges, DOL Issues Enforcement Policy for Its New Persuader Rule

Posted in Rulemaking, Union Organizing
On March 24, 2016, the Department of Labor issued its long-anticipated final rule regarding the advice exemption to the persuader rule in the Labor-Management Reporting and Disclosure Act (“LMRDA”). The new rule changes the test that has been in place for more than 50 years and significantly expands the types of activities and information that… Continue Reading

The Persuader Rule has Arrived: A Must-Read for Employers

Posted in Rulemaking, Union Organizing
The DOL issued its new persuader rule today. The final rule is largely unchanged from the proposed rule that was originally published in 2011. As expected, the DOL’s new interpretation departs from decades of precedent to expand the definition of “persuader” activities while limiting the definition of “advice” activities. As a result of this new… Continue Reading

Final Persuader Rule Sent to OMB

Posted in Rulemaking, Union Organizing
Politico reported earlier today that the DOL sent its persuader rule, covered in numerous posts on this blog, to the Office of Management and Budget (OMB).  I did some digging on the OMB’s website, and sure enough, the rule is now in its hands to conduct a regulatory review. The DOL had previously announced its intent… Continue Reading

The More the Merrier? A New Lawsuit Against the NLRB’s Election Rule Encounters an Early Setback

Posted in Courts, NLRB, Rulemaking
On Thursday, the NLRB won its first courtroom victory in connection with its “ambush” or “quickie” election rule, which went into effect earlier this month.  It was not, however, in one of the two cases that have been pending for some time, and that we have previously discussed on this blog. Instead, the NLRB’s victory… Continue Reading

NLRB Continues Preparations for Implementing Ambush Election Rule

Posted in Elections, NLRB, Rulemaking
Earlier this week, Region 8 of the NLRB held a training session in Cleveland, Ohio, on the upcoming changes to the procedures for representation cases that will go into effect on April 14, 2015.  This training session was one of more than 35 sessions the NLRB is hosting for practitioners across the country.  Additionally, NLRB… Continue Reading

Obama Vetoes Legislation on Ambush Election Rule

Posted in Rulemaking, Union Organizing
As forecast two weeks ago on this blog, President Obama yesterday vetoed the Congressional Review Act resolution that would have prevented the NLRB from proceeding with the implementation of its ambush/quickie election rules adopted earlier this year.  In his “memorandum of disapproval,” the President referred to the rules as “common-sense, modest” changes.  He also noted that employees… Continue Reading

Update: Second Lawsuit Filed Challenging NLRB Ambush Election Rule

Posted in NLRB, Rulemaking
Updating our previous post, a second group filed suit (pdf) against the NLRB last week, challenging its ambush election rule.  This time, the challenge comes from The Associated Builders and Contractors of Texas Inc., who are joined by the same organization’s Central Texas Chapter and the National Federation of Independent Business/Texas.  They have asked the… Continue Reading