Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: LMRDA

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

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