The
Department of Labor finalized changes to its controversial “persuader” rule,
requiring employers and their labor consultants, including attorneys, to report
any arrangement to directly or indirectly persuade employees regarding
unionization. Many attorneys object that
this requirement would violate attorney-client privilege, and the rule is
already facing multiple challenges in courts across the country, including at
least one in Minnesota.
The
previous rule only required these arrangements to be reported if the consultant
directly communicated with employees, but under the new rule—which is set to
take effect on April 25, 2016, and apply to any arrangements, agreements, and
payments made on or after July 1, 2016—expands this requirement so that if
consultants merely advise management on how to communicate with employees, this
will need to be reported as wall. The
court challenge is attempting to block the rule before it goes into effect.
Questions? Contact Minnesota attorneys at (952) 746-1700 or email jasherman@wesselssherman.com
