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Total Articles: 5

DOL Formally Rescinds Revised Persuader Rule

Executive Summary: The Department of Labor (DOL) has rescinded the revised version of its “persuader rule,” which had gone into effect in April 2016. The now-rescinded rule had substantially narrowed the advice exemption to the Labor Management Reporting and Disclosure Act (LMRDA). The Final Rule rescinding the revised rule was published in the Federal Register today (July 18, 2018) and is available here. With this rescission, the DOL will return to its traditional interpretation of the persuader rule.

DOL Suspends Filing of Certain Parts of Required Form LM-21 Reports

On April 13, 2016, the Office of Labor-Management Standards (OLMS) at the U.S. Department of Labor (DOL) issued a Form LM-21 Special Enforcement Policy announcement. Effective immediately, the policy is suspending the enforcement of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) requirement for the filing of two parts of the annual Form LM-21 Receipts and Disbursements Report for the foreseeable future.

Revised “Persuader” Reporting Requirements Are Back

Don't look now, but the U.S. Department of Labor’s latest Fall 2015 Semiannual Regulatory Agenda advances the controversial proposed revisions to the "persuader activity" reporting requirements under the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). Final regulatory action is now scheduled for March of 2016. The final regulations were sent to the White House Office of Management and Budget (OMB) on December 7 for review—among last stops before issuance of the final regulations.

High Court Dismisses UNITE HERE, Leaves Neutrality Agreements Issues Undecided

This morning, in a per curiam opinion, the Supreme Court of the United States dismissed the writ of certiorari in UNITE HERE Local 355 v. Mulhall as improvidently granted. As a result, the high court will not consider the issue of whether an employer’s actions assisting a union in organizing employees constitutes a violation of section 302 of the Labor-Management Relations Act, often known as the Taft-Hartley Act.

DOL Issues Revised Reporting Form.

On July 2, the U.S. Department of Labor published its final rule revising Form LM-30, which is designed to enhance financial reporting by union officials and employees. The new rule will go into effect on August 16, 2007.
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