As mentioned in a previous posting, a preliminary injunction was issued for the implementation of the Persuader rules by a Texas federal judge in June. On Wednesday, November 16, this same judge issued an order permanently blocking the U.S. Department of Labor from enforcing the new Persuader rules.
The Persuader rules would have required employers, and their attorneys and consultants, to file with DOL, for public disclosure, all agreements and all payments to attorneys and consultants for providing advice and assistance for the purpose of maintaining nonunion status. The new Rule would have reversed 57 years of law that law firm and consultant assistance to employers on how lawfully to maintain nonunion status was exempt from such reporting under the “legal advice” exception of the Labor Management Reporting & Disclosure Act of 1959.
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