On Nov. 16, 2016, U.S. District Judge Sam R. Cummings issued an order invalidating the U.S. Department of Labor’s (DOL) Persuader Rule. In short, the Persuader Rule would have required employers to inform the DOL whenever the employer hired consultants for the purpose of fighting union organizing drives. The Persuader Rule would have also required the employer’s advisers, including attorneys, to make similar disclosures.
Although this is a favorable development for employers, Judge Cummings’ preliminary injunction order is already on appeal to the Fifth Circuit Court of Appeals. Please stay tuned into this space for future developments regarding the DOL’s Persuader Rule.