“Persuader Rule” Challenged On Multiple Fronts

The controversial persuader rule, much disfavored by management and by Republicans, was challenged in a House Committee on Education and the Workforce resolution that passed in a party line vote. The rule requires employers to disclose information about law firms or consultants they retain for advice on fending off unions. If it were enacted, the House resolution would prevent the rule from going into effect per the Congressional Review Act. There is virtually zero chance of that happening, but in the meantime the persuader rule has been challenged in courts in Minnesota, Arkansas and Texas. Among the arguments mounted by opponents is that the rule infringes on attorney-client privilege.