DOL Proposes to Rescind “Persuader” Rule

On June 12, 2017, the Department of Labor released a Notice of Proposed Rulemaking proposing to rescind the final rule titled, “Interpretation of the ‘Advice’ Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act.”  “Persuader” activity pertains to labor-relations advice and services to influence employee unionizing and collective bargaining, and this rule expanded the type of activity that must be reported by employers and their outside consultants. This proposed rule was effective on April 15, 2016.  However, the U.S. District Court for the Northern District of Texas issued a nationwide permanent injunction against enforcement of the rule on November 16, 2016, which continued a preliminary injunction that had been entered on June 27, 2016.