Persuader Rule “Officially” Rescinded

The Trump Department of Labor, at long last, officially rescinded on Tuesday of this week, the persuader rule, which triggered certain reporting requirements on employers in the face of union organizing efforts. Under the Obama-era rule, employers were required to disclose information and advice that outside consultants and attorneys were giving relative to means by…

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At Least They’re Turning!

There’s that old saying that the wheels of government turn slowly, and they may even be stopped altogether in many instances, but, the reality is that the federal government is moving favorably for small business on a number of issues. The Department of Labor is moving forward on several fronts that you will want to…

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House Hearing Targets NLRB Rules

The Health, Education, Labor and Pensions subcommittee of the House Education and Workforce Committee held a hearing Wednesday on three specific bills that target Obama-era guidelines promulgated by the National Labor Relations Board (NLRB). Ostensibly, the legislation seeks to rescind the ambush election rules along with others that unfairly improve the chances for labor unions…

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Persuader Rule Burial Likely Next Week

Notwithstanding that the Obama-era “persuader rule” never actually took effect, permanently enjoined by the courts right before it kicked in, it should die for good next week. Legal challenges to the rule, a union-friendly mandate that significantly increased the disclosure requirement on employers when fighting union representation efforts, are technically still alive for a few…

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DOL Prepares Rescission of Persuader Rule

It never even went into effect because implementation was permanently enjoined by the federal court in Texas, but the Obama administration’s so-called persuader rule is well on the way to being completely and formally erased by the Department of Labor. Recall that the persuader rule imposed strict reporting measures on employers when they were dealing…

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DOL Asks For Delay on Persuader Rule

With new Secretary of Labor Alex Acosta just getting sworn in, his Department of Labor has asked a Minnesota federal court for a further delay in its response deadline on a legal challenge to the Obama-era persuader rule. The rule, redefined under the previous administration, expanded the categories of “persuaders” – those hired to defeat…

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Playing ‘Til The Whistle

As we enter the NFL Conference Championship weekend, we can fully understand “playing ‘til the whistle”, but relating that notion to the remnants of the Obama labor legacy is something different at this address. Notwithstanding, that seems to be precisely what the outgoing Department of Labor is doing as relates its permanently enjoined “Persuader Rule”…

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“If It Wasn’t for Texas!”

No, I’m not singing the George Straight country song, rather I’m reporting that the federal court in Texas has permanently enjoined the Obama administration from implementing its new persuader rule.  Recall that the so-called “persuader rule”, finalized by the Department of Labor back in March of this year, required law firms and any other consultants…

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Court Enjoins “Persuader Rule”

In a major defeat for the Department of Labor (DOL) and its organized labor allies, a U.S. District Court in Texas has issued a nationwide injunction on the DOL’s so-called “persuader rule”.  The injunction prevents DOL from implementing any and all aspects of the rule pending a ruling by the U.S. Court of Appeals for…

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SCOTUS Agrees to Review NLRB Appointment

With the seat held by the late Justice Antonin Scalia still vacant, it could be anybody’s guess where the majority breaks on this case, but the Supreme Court of the United States (SCOTUS) has agreed to hear an appeal by the NLRB that their acting general counsel had been improperly nominated.  To refresh the issue…

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