Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: advice

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

NLRB’s GC Determines That Employees Must Expressly Invoke Their Right to Access Employer Property When They are Part of a Larger Group

Posted in NLRB
By Nelson Cary and Brad Gibson The UFCW union has tilted at the Wal-Mart windmill for many years now, employing various tactics to get Wal-Mart employees interested in unions and union activity. One tactic that has been used is mass demonstrations, including picketing. It was the use of a demonstration against Wal-Mart that recently led the NLRB’s… Continue Reading

Why Does the NLRB Care About The At-Will Disclaimer in Your Employee Handbook? New Memoranda Provide Insight

Posted in NLRB
If you have an employee handbook, you probably also have a disclaimer in it to let employees know that the handbook isn’t a contract, and that the employment relationship is terminable "at-will."  Typically, these disclaimers are pretty standard, and until recently, fairly noncontroversial. As others have reported, however, actions from the NLRB earlier this year have… Continue Reading

UPDATE: Comments Submitted on DOL Persuader Rulemaking

Posted in Union Organizing
Earlier this year, the DOL proposed a rule that would change many decades of interpretation of a federal law known as the Labor-Management Reporting and Disclosure Act (LMRDA).  The effect of the proposal is to radically expand the definition of "persuader" activities while limiting the definition of "advice" activities.  The distinction is very significant:  if an employer and an… Continue Reading

UPDATE: Department of Labor’s LMRDA Proposal has Broad Implications for HR Departments and In-House Counsel

Posted in Union Organizing
By Allen Kinzer and Nelson Cary Recently, we alerted you to the U.S. Department of Labor’s effort to change the reporting requirements for businesses who engage external advisors in connection with union organizing issues. As we continue to review these proposed regulations, their scope becomes even more problematic for employers.  For example, suppose you are a… Continue Reading

Big Brother Watching You? DOL Demands More Information from Employers About Union Avoidance Activities

Posted in Union Organizing
By Nelson Cary and Allen Kinzer Yesterday, the U.S. Department of Labor (DOL) proposed to do away with an interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) that has prevailed for nearly 50 years.  At issue is Section 203 of the LMRDA, which requires, among other things, that employers file reports with the DOL when… Continue Reading