Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: persuader rule

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

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

Top 5 Labor Law Developments of 2016

Posted in NLRB
Well, 2016 is finally in the history books. It was certainly a momentous year for labor law.  Here is my take on the five most significant developments in 2016: Donald Trump Elected President.  As explained in my post-election post, there are two vacant seats on the NLRB and Member Miscimarra’s (R) term is expiring in… 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

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

Four Noteworthy Developments from Last Week

Posted in NLRB
Developments in four different areas last week deserve some attention.  All of them touch on issues that this blog has tracked in the past, and all of them will be of interest to the labor professional. NLRB Nominations. The President’s nominations to the NLRB continue to move through the Senate confirmation process. The Senate’s Health,… Continue Reading