DOL Extends Deadline on Persuader Rule

August 2, 2011

Amid a dearth of positive actions coming from the organized labor arena, the Department of Labor (DOL) recently announced they will push back the original deadline for comments on their so-called “persuader rule.” Originally set for August 22, the new comment deadline is Sept. 21.

As previously reported, DOL proposed in late-July a rule change that would require employers to disclose arrangements with consultants whether or not those consultants communicate directly with employees. Currently, there is an exemption that allows an employer to hire a consultant without reporting it if he/she is only giving “advice” to the employer, and not reaching out directly to employees. This rule narrows that exemption for employers, however does absolutely nothing to require labor unions to report their hiring of lawyers and consultants.

This rule is particularly detrimental to small businesses which rarely have attorneys or labor specialists on staff, forcing the owners to seek outside help to ensure their interests are represented in a union campaign. Eliminating the so-called “advice exemption” is a direct affront to small businesses ability to fully educate their workforce and have all the advantages a large corporation has in a union campaign.

Please click here to view the complete rule.

NSBA will be submitting comments. Please tell us how this rule will impact you by clicking here to e-mail us your comments.