Bruce’s Summary: Effective July 1, 2016, the new persuader regulations go into effect under the Labor-Management Reporting and Disclosure Act (LMRDA) (1959). In this article, the authors indicate that in order to ensure the integrity of their firm’s attorney-client relationship they will no longer engage in reportable persuader activities that would trigger reporting of activity with other clients but will continue to offer other services in labor-management relations.
The authors indicate at this time there are three separate lawsuits challenging the persuader regulations arguing that the DOL exceeded its statutory authority in promulgating the final rule.
The authors describe both what triggers reporting by consultants and lawyers as well as what may not trigger reporting. The new persuader regulations, according to the authors, cover what employers are required to evaluate from both law firms and consultants they engage for labor and employment work to determine whether they intend to engage in reportable work under the new regulation.
The curtain seems to have somewhat been lifted. Very good article.
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