The Department of Labor (DOL) recently passed revised “Persauder Rule” obligations that took employers by storm. In a nutshell, under the new rules employers are required to publicly disclose their relationships with — including payments to — any lawyer or consultant that helps “persuade” against union activity. It’s a huge deal, and there are already several pending lawsuits hoping to stop or revise this obligation.
In the meantime, earlier this month the DOL announced that it was stepping back the obligation at least a little bit. As drafted, most employers understood the rule to essentially require disclosure for events occurring after July 1 of this year. DOL has just provided a small window of breathing room by announcing that if the contract with the lawyer or consultant is entered into before July 1, there is no new reporting obligation for events occurring after July 1.
In other words– if you are currently dealing with a union or are worried about future union activity, you have about a week and a half to hire your lawyer or consultant without fear of public disclosure of the fees you will pay.
Contact info: Meredith S. Campbell Chair, Employment and Labor Group, Shulman Rogers mcampbell@shulmanrogers.com | T 301.255.0550 | F 301.230.2891
