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WORKPLACE LAW ALERT BREAKING NEWS: Federal Judge Permanently Blocks DOL Persuader Rule

By: Maureen Rouse-Ayoub and Aaron Graves


On November 16, 2016, a federal district judge in Texas permanently enjoined the United States Department of Labor from enforcing its Persuader Rule, 81 Fed. Reg. 15924. This follows a temporary injunction issued just before the Rule’s original July 1 effective date.

The Persuader Rule would have expanded reporting obligations for employers who enter into agreements with attorneys, consultants, and other third-party advisors providing labor and employment law services. The Rule was challenged as infringing upon the sanctity of the attorney-client privilege and because it might have discouraged employers from consulting with counsel with respect to important issues like union organizing drives and collective bargaining activities.

We will provide more information once we have analyzed the court’s opinion.

Bodman can provide guidance on this new development. Contact a member of Bodman’s Workplace Law Practice Group if you need assistance.

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