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DOL Announces Further Delay in Final “Persuader” Rule Action

On March 6, the Department of Labor (DOL) announced that action on its pending “persuader” rule has been further delayed with no projected date of action yet announced. The rule was previously scheduled to be finalized by March 2014 as indicated on DOL’s most recent regulatory agenda, although publication of the final rule has been continuously postponed since early 2012.
 
The “persuader” rule would require employers to disclose to DOL any arrangements they have with consultants to address employee unionization efforts or collective bargaining. Under the proposed rule, virtually all interaction with labor lawyers and consultants – and potentially trade associations like IEC that provide guidance to members on labor policy – would be subject to the disclosure requirements.
 
IEC was one of 54 industry associations that requested a delay of the rule in a February letter to DOL. IEC is pleased with the decision to delay the rule and will continue to advocate to eliminate the rule completely.
 
DOL intends to designate a new date of action on the “persuader” rule on its next unified agenda.