With no fanfare, the DOL has changed the anticipated date for the final rule regarding persuader activity. The DOL has been working on this rule for several years and published a proposed rule in 2011.  Previously, the DOL had indicated it would publish the final rule in November 2013.  Mercifully for employers, November came and went with no action on this rule.  Then, just before Thanksgiving, the timetable was changed, and now calls for publication of the final rule in March 2014.

The DOL’s proposed rule departs from decades of precedent on what constitutes “advice” to an employer about labor organizing activity. If the final rule does not change materially from the proposed rule, employers will face substantial reporting obligations for expenditures never before believed to constitute persuader activity. Prior posts (here and here and here) have explained in detail the contents and implications of this rulemaking activity.


Labor professionals should continue monitoring this important rulemaking closely.  Any new developments will be covered on this blog.