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NLBMDA Regulatory Alert: DOL Finalizes "Persuader" Rule

Posted By Administration, Thursday, March 31, 2016
On March 24, the Department of Labor (DOL) issued a final "persuader" rule broadening its scope and imposing new and more far-reaching reporting requirements on employers and their consultants. It is scheduled to take effect on July 1, 2016, and will apply to arrangements, agreements, and payments.

Under the Labor-Management Reporting Disclosure Act (LMRDA), the persuader rule requires employers to report to DOL each time they engage a consultant to directly or indirectly persuade workers concerning their rights to organize and bargain collectively, regardless of whether the consultant has direct contact with workers. Historically, the advice of attorneys, however, has been exempt from the reporting requirements as privileged and confidential attorney-client communications, provided that 1) the attorney limits his or her services to advice, which the client is free to accept or reject, and 2) the attorney avoids direct communications with bargaining unit employees. Read full update.

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