Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: DOL

Fifth Circuit Stays Persuader Rule Appeal

Posted in Courts, Department of Labor
On June 15, the Fifth Circuit granted the government’s request to stay the appeal while the Department of Labor (“DOL”) decides whether to rescind the “persuader rule” issued under the Obama Administration.  The group of business associations that filed the lawsuit challenging the rule also opposed the stay.  They argued it was necessary to decide… Continue Reading

Union Access to Employer Property for Safety Inspections: OSHA Reverses Course

Posted in Department of Labor
Two of my colleagues, Ben Shepler and Mike Griffaton, wrote yesterday about the Occupational Safety and Health Administration’s (OSHA) reversal of a position it took in February 2013.  At issue is the right of non-employee union representatives to participate in an OSHA-conducted workplace safety inspection.  The prior administration extended that right to unions, even if the employer was… Continue Reading

Briefing Schedule Set in Persuader Rule Appeal

Posted in Courts, Department of Labor
The Fifth Circuit Court of Appeals has set the briefing schedule in the government’s appeal of the nationwide injunction of the persuader rule.  The government’s brief is due April 17, 2017.  Response briefs are due 30 days later.  Reply briefs must be filed 14 days after the response brief. The briefing schedule may finally tell us… Continue Reading

Puzder, and Acosta, and Boeing, and Griffin, Oh My!

Posted in Department of Labor, NLRB, Union Organizing
What a last couple of weeks on the labor law front.  Here is a quick round up of significant developments, just to make sure you are caught up: Puzder Out, Acosta Up Next President Trump’s first DOL secretary nominee, Andrew Puzder, withdrew himself from contention earlier this week.  Press reports suggest that there was insufficient support… 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 Permanently Blocks Persuader Rule

Posted in Courts, Department of Labor, Union Organizing
In welcome news to employers, a federal district judge in Texas earlier this week permanently blocked the Department of Labor’s (“DOL”) persuader rule. The court’s order makes permanent its June decision temporarily blocking the rule.  The temporary order is on appeal to the Fifth Circuit Court of Appeals.  Nonetheless, the court decided that the persuader… 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

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

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