DOL Releases Final Persuader Rule

This morning, the U.S. Department of Labor (DOL) released its final Persuader Rule. While the language is currently being reviewed, CFA members should be prepared to provide disclosures to DOL in regard to conversations with legal counsel or other experts on unionization issues as well as employee relations, human resources and related topics.

Prior to the issuance of the final rule, employers had to disclose discussions about unionizing if their consultants or attorneys directly communicated with their employees. If the attorney or consultant did not communicate directly with the employees, but rather only advised the employer about how to legally communicate with employees, then no disclosure was required. If the final rule reflects the proposed language, this “advice” exemption is significantly narrowed so that virtually all interaction between employers and labor lawyers or consultants will be subject to the disclosure requirements. The consequences of this rule will likely result in limited employer access to counsel, increased lawsuits, less employer-employee communication and more paperwork requirements.

Click here to view the final rule; click here to view DOL’s fact sheet on the final rule.

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