DOL’s ‘Persuader’ Rule Expected to Be Released Soon
Posted in: Legislative Updates
After having been vetted by the Office of Management and Budget, the final step of the rule-making process, the Department of Labor (DOL) is expected to release the final ‘persuader’ reporting rule this month. Under current law, attorneys and consultants that interact with a business’ employees regarding labor matters must file extensive reports with the DOL. However, if a consultant merely provides advice and consultation to a company’s management team or ownership, and not the employees, then the reporting requirement does not apply. The final regulations are expected to broaden the reporting requirement to apply to any entities that provide advice, information, or consultation to a company regarding unions and the unionization process, whether said advice is provided to senior management or the company’s workforce. The reporting requirements would act as a deterrent to small businesses, like electrical contractors, from seeking council on labor-related matters, and therefore increase the chances of committing unfair labor practices. IEC will work to fight with its industry partners against this latest example of government overreach.