In March, the Department of Labor (DOL) issued a final rule that significantly will expand certain disclosure requirements for employers under federal labor laws. You should be aware of the new reporting requirements resulting from the regulation and the potential ramifications.
The new rule
DOL's "Persuader Rule" changes the long-standing interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) of 1959. The LMRDA requires employers to disclose to DOL any arrangements with consultants where the object is to persuade employees "to exercise, not to exercise, or persuade employees as to the manner of exercising" their collective bargaining rights.
Consultants performing such work must file a similar report with DOL, and these reports must include all clients and fees for whom any labor relations advice has been provided, not merely those clients who have received persuader services.