Department of Labor Delays Issuing Persuader Rule

On March 6, the U.S. Department of Labor announced that its "persuader rule," which would expand the reporting requirements for labor relations consultants helping employers fight their employees' attempts to start a union, will not be issued in March as previously announced. A Bloomberg news service reported that there were few details about why the deadline was shifted, only that the next regulatory agenda would have a new date for the publication of the final rule. This announcement came just two weeks after a letter from 54 trade associations including NRMCA was sent to DOL requesting a further delay in the rule. You can read the letter, which outlines in detail the concerns with the rule, here.

The persuader rule has been a source of controversy since it was proposed in 2011, with DOL receiving more than 9,000 public comments on the matter. Issuance of a final rule has been delayed several times. In January 2012, the DOL predicted it would issue the final persuader rule in April 2012. In its most recent regulatory agenda, the DOL said the rule would be published this month.

As proposed, the rule would expand the reporting requirements under Section 203(b) of the Labor-Management Reporting and Disclosure Act for labor relations consultants and the employers that hire them to stymie their employees' unionization attempts. The rule would apply when the consultant engages in persuader activities that go beyond the plain meaning of advice, even if the consultant has no direct contact with workers.