• Judge blocks DOL’s “persuader rule” targeting business use of anti-union consultants – Denver Business Journal

    A federal judge temporarily blocked the Department of Labor from enforcing new disclosure rules for businesses that use outside consultants during union organizing drives.

    The so-called persuader rule requires employers to disclose any talks with outside consultants on how to craft their message to workers during organizing drives. Previously, employers only had to report when these consultants talked directly to workers. The rule also requires employers to disclose how much money they’re paying these consultants.

    The rule was scheduled to go into effect July 1, but a federal judge in Lubbock, Texas, granted a motion Monday for a preliminary injunction blocking it. The judge ruled business groups showed “a substantial threat of irreparable harm” if the rule went into effect, and said they have a good chance of winning the case.

    The National Federation of Independent Business, which was one of the plaintiffs in this lawsuit, applauded the court’s decision.

    ““The rule’s constitutionality needs to be decided before small business owners are held liable for potentially ruinous penalties,” said Karen Harned, executive director of the NFIB Small Business Legal Center.

    “When facing union organization, small business owners are in need of legal advice,” Harned said “Labor law is extremely complex and without legal consultation, small business owners will not know what rights they have, and what they can and cannot discuss with their employees.”

    “We are gratified by the judge’s decision,” Londa said. “DOL’s new rule is not only confusing, vague and unwarranted. It constitutes a blatant overreach by the administration designed to assist unions by making it more difficult for employers to obtain professional, including legal, assistance when exercising their constitutional right to oppose unionization.”

    When his agency issued the rule, Secretary of Labor Thomas Perez said workers have the right to know “who is behind an anti-union message.”



    Posted by Dana West @ 4:17 pm for Issues, Jobs, National politics |

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