Case Detail

In re: Labor Dep’t Rescission of Persuader Rule
On August 11, 2017, WLF filed formal comments with the U.S. Department of Labor (DOL), applauding DOL’s proposal to withdraw its 2016 “Persuader Rule,” which imposes onerous new reporting requirements on employers (and their consultants) in connection with union-representation campaigns. Congress passed a labor statute in 1959 (the LMRDA) that imposed reasonable reporting requirements; the law states that anyone hired by an employer for the purpose of persuading employees not to unionize must disclose his status as a paid agent of the employer when speaking with employees. The Persuader Rule adopted a vastly expanded interpretation of the LMRDA reporting requirements; now, anyone who prepares materials that the employer later decides to distribute to employees must submit detailed financial reports, even if he or she never has any direct contact with employees. WLF’s comments assert that the Persuader Rule is a content-based regulation of speech and violates the First Amendment.
Case Status:
Awaiting DOL response.
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