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
DOL
DOL’s New “Persuader Activities” Rule Is Finalized – Effective Late April 2016
The United States Department of Labor (DOL) has announced that it will publish its final rule relating to “persuader” activity under the Labor-Management Reporting and Disclosure Act (LMRDA) on March 24, 2016, almost five years after first proposing it. The rule (which was opposed by, among others, the American Bar Association, Association of Corporate Counsel,…
NLRB and Department of Labor: One Hand Washes the Other to Promote Cross-Filed Complaints
Our colleagues at Jackson Lewis’ OSHA Law Blog recently reported that the Occupational Safety and Health Administration of the Department of Labor (DOL) and the NLRB had entered into an agreement whereby OSHA would notify complainants who file untimely OSHA retaliation charges of their right to file an unfair labor practice charge with the NLRB. …
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of Labor’s proposed “persuader” rule would undermine attorney-client privilege and have requested the rule “be withdrawn as drafted.”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…
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…
2013 Union Membership Holds Steady as Private Sector Growth Offsets Public Sector Decline
The Bureau of Labor Statistics reports the nation’s overall union membership rate remained the same in 2013, at 11.3 percent of the labor force, but for the first time in five years, there are more union members in the private sector than in government.
The public sector union membership rate fell to 35.3 percent from…
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…
Federal Agencies to Cooperate to Increase Prosecutions for Immigration Related Unfair Employment Practices and Unfair Labor Practice Charges
The United States Department of Justice announced on July 8, 2013 that its Civil Rights Division’s Office of Special Counsel for Immigration – Related Unfair Employment Practices (OSC) has entered into a Memorandum of Understanding (MOU) with the National Labor Relations Board that will allow both agencies to share information, to refer matters to each…
House Committee Speaks Up Regarding Proposed Changes to LMRDA Advice Exception
As you may recall, in April, 2013, the House passed H.R.1120, the “Preventing Greater Uncertainty in Labor-Management Relations Act,” by a 219-209 vote. See, “Noel Canning: Congress Enters the NLRB Fray.” Now the House once again has expressed its dissatisfaction with the Administration’s handling of labor issues, this time regarding the United States Department …
Collectively Bargained Wage Increases Rise, but Remain Below Former Levels
One of the functions of experienced collective bargaining agreement negotiators and human resources professionals in unionized and union-free companies is to keep abreast of the labor market conditions locally and within his or her client’s industry. In unionized companies, having this information will assist these individuals in recommending a considered course of action at the…