Archives: LMDRA

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R. Alexander Acosta Picked to Head Department of Labor

President Donald Trump has nominated R. Alexander Acosta to be Secretary of Labor. His nomination comes one day after Andrew Puzder, Trump’s first pick to lead the Department of Labor, withdrew his nomination. Acosta, currently the Dean of Florida International University’s law school, is the son of Cuban immigrants. If confirmed, Acosta would be the … Continue Reading

Minnesota Court Rules in Persuader Lawsuit, Finds “Strong Likelihood” of Success on the Merits, But Rule Remains Effective July 1

The U.S. District Court for the District of Minnesota today ruled in Labnet Inc. d/b/a Worklaw Network, et al v. United States Department of Labor, et al, that the plaintiffs have a strong likelihood of success on the merits of their lawsuit challenging the DOL’s new “persuader” rule, but refused to stay or enjoin the rule. Therefore, for now, … Continue Reading

DOL Persuader Rule Undermines Attorney-Client Privilege, AGs Say

Fourteen state attorneys general have written to Secretary of Labor Thomas Perez complaining that the  Department of Labor’s proposed “persuader” rule would undermine attorney-client privilege and have requested the rule “be withdrawn as drafted.” The Labor-Management Reporting and Disclosure Act (LMRDA) requires reporting to the DOL of “[a]ny agreement or arrangement with a labor relations … Continue Reading

U.S. Department of Labor Delays Implementation of Revised ‘Persuader’ Rule

The Department of Labor’s proposed final revisions to its rule requiring employers and others to report arrangements, receipts, and expenditures derived from providing services defined as persuasive activities will not be implemented by the March 2014 target date.  A new implementation date was not announced.  This is the second delay for the revisions, which originally … Continue Reading

DOL’s Rule Redefining LMRDA ‘Advice Exception’ and Expanding Types of Activities Considered Persuasive and Reportable Expected in March 2014

Publication of the Department of Labor’s final revisions to the Labor-Management Reporting and Disclosure Act (LMRDA), requiring employers and others to report arrangements, receipts, and expenditures derived from providing services defined as persuasive activities, has been delayed until March 2014, according to the DOL’s latest regulatory agenda. The proposed revisions to the LMRDA would change … Continue Reading

UNION NEUTRALITY AGREEMENTS TO BE SCRUTINIZED IF CERTIORARI GRANTED IN FLORIDA CASE

The U.S. Supreme Court has been asked to decide whether a neutrality agreement between a Florida greyhound track and a union improperly delivered a “thing of value” in violation of the Labor Management Relations Act. Traditionally, when a union has sought to organize the employees of an employer and the employer decided it wanted to … Continue Reading
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