Controversial “Persuader Rule” Postponed Again

Publication of a controversial rule that would significantly change how an old labor law works has been postponed by the Department of Labor. The so-called persuader rule, a gloss on the  Labor-Management Reporting Disclosure Act of 1959 (LMRDA), would require employers to file detailed public reports about their retention of any law firm that advises them on efforts to confront union organizing efforts. Critics of the rule, including the ABA and the Association of Corporate Counsel, contend its implementation would infringe on attorney-client confidentiality and discourage employers from getting legal assistance during union organizing campaigns. McKenna Long & Aldridge attorney Brennan W. Bolt thinks there is a good chance that the DOL will now postpone release of the final rule until after the November elections, but nonetheless advises employers to prepare now both for its possible implementation and to challenge it once it’s released.