Gordon & Rees San Francisco associate Amber Eklof wrote an article published in DRI’s The Job Description Newsletter on April 26 titled “Department of Labor Finalizes New “Persuader” Rule With Potentially Detrimental Repercussions.”
Eklof sheds light on the new regulation, recently published by the U.S. Department of Labor, that will significantly impact the reporting requirements for businesses seeking legal counsel in addressing and opposing union activity. In essence, the new Final Rule, known as the “persuader” rule, revises the “advice exemption” under the Labor Management Reporting and Disclosure Act of 1959 (“LMRDA” or the “Act”), which requires employers and their consultants to report labor relations advice and services.
The new persuader rule takes effect on April 25, 2016, and meaningfully expands the scope of “persuader activity” employers are required to report under the LMRDA. It also forces attorneys who provide advice and counseling to employers regarding union activities and opposition to publically report their confidential attorney-client relationships, agreements and corresponding financial arrangements. The rule affects employers who use labor consultants – including legal counsel – to help communicate with and persuade union employees, or provide any form of advice regarding the proposed course of action.
To read the full article, click here.
Eklof is an associate in the San Francisco office of Gordon & Rees and is a member of the Employment Practice Group. Her practice includes defending employers in all phases of employment litigation including discrimination, harassment, wrongful termination, retaliation and whistleblower claims, and alleged wage and hour violations.