Department of Labor drops ‘persuader rule’

The U.S. Department of Labor (DOL) officially rescinded the “persuader rule” July 17, the National Demolition Association, Washington, reports. The persuader rule, which was passed during the Obama Administration, would have required lawyers and consultants to report to DOL when counseling employers concerning union organizing. DOL issued a proposed rule last year to rescind it.

This regulation was originally issued in 2016, however, before it could be implemented, a U.S. district court issued a permanent stay of the rule. The effort appeared to target employers trying to consult with legal counsel in response to union organizing.

The news release issued by DOL stated, “For decades, the department enforced an easy-to-understand regulation: Personal interactions with employees done by employers’ consultants triggered reporting obligations, but advice between a client and attorney did not,” the Office of Policy’s Deputy Assistant Secretary Nathan Mehrens said. “By rescinding this rule, the department stands up for the rights of Americans to ask a question of their attorney without mandated disclosure to the government.”