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DOL’s (Department of Labor) Proposed Rule Concerning Reporting Use Of Labor Consultants Slated To Become Final In December

On Friday, May 23, the White House released its bi-annual Unified Agenda, including an update on the timing of Department of Labor’s (DOL) proposed rule altering definitions of labor relations consultants for the purpose of required employer reporting.  According to the Unified Agenda, the DOL’s rule is set to become final in December 2014, the same time period when the DOL intends to publish  a notice and comment rulemaking seeking consideration of an updated Form LM-21, the form that would be used for reporting of persuader activities (among other receipts and disbursements).

The proposed rule, which has been highly criticized by the American Bar Association among others, requires reporting to the DOL whenever a consultant engages in activities that go beyond a narrow definition of legal “advice.”  The proposed rule is controversial because it expands the definition of persuader activity to include activities typically performed by labor lawyers, including when the lawyer has no direct employee contact.

© 2020 BARNES & THORNBURG LLPNational Law Review, Volume IV, Number 150


About this Author

Scott Witlin Employment lawyer Barnes Thornburg

Scott J. Witlin is a partner and the administrator of the Labor & Employment Department in the firm's Los Angeles office. He is Co-Chair of the firm's Wage and Hour Practice Group and a member of the firm's Entertainment, Media and Sports Practice Group.

Scott assists companies in dealing with the challenges of employing workers in California and throughout the U.S. Scott's practice includes both traditional labor and employment law matters, including wage and hour class actions, arbitrations, collective bargaining negotiations, compliance with various guild and union agreements...

Steve Hernandez, Barnes Thornburg Law Firm, Los Angeles, Labor and Employment Law Attorney

Steve L. Hernández is a partner in the Los Angeles office of Barnes & Thornburg. A member of the firm’s Labor and Employment Law Department, Mr. Hernández focuses his practice on traditional labor and employment law. Mr. Hernández has extensive experience litigating class action matters.

Mr. Hernández also brings four years of experience as an attorney with Region 21 of the National Labor Relations Board (NLRB) to his practice. While at the NLRB, Mr. Hernández investigated unfair labor practice, litigated unfair labor practice complaints, conducted union representation elections, and presided over NLRB proceedings as a hearing officer.

In the 2018 edition of The Best Lawyers in America, Mr. Hernández was recognized for his work in labor and employment litigation.

Mr. Hernández earned his J.D. from the University of Southern California Law School in 2003. While in law school, Mr. Hernández was a member of the La Raza Law Students Association. In 1999, Mr. Hernández graduated from the University of California, Berkeley with a B.A. in legal studies.

Mr. Hernández is fluent in Spanish and is admitted to practice in state courts of California as well as before the United States District Courts for the Southern, Central, Eastern and Northern Districts of California.