• CSC tag_orngBlu
  • Conference
      • About
        • About the Conference
        • Floor Plan / Sponsor List
        • Sponsors
        • FAQ
        • Contact Us
        • Health & Safety
      • Hotel & Travel
        • Hotel Accomodations
        • Travel Information
      • Attend
        • Why Attend?
        • Registration & Pricing
        • Agenda At-A-Glance
        • Conference Schedule
        • MCLE Accreditation
        • Speakers
        • Speaker Resources
      • Sponsor
        • Why Sponsor?
        • Sponsor / Inquire
        • Sponsor Resource Center
        • Sponsorship & Advertising
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
  • .
  • Conference
    • About
      • About the Conference
      • Floor Plan / Sponsor List
      • Sponsors
      • FAQ
      • Contact Us
      • Health & Safety
    • Attend
      • Why Attend?
      • Registration & Pricing
      • Agenda At-A-Glance
      • Conference Schedule
      • MCLE Accreditation
      • Speakers
      • Speaker Resources
    • Sponsor
      • Why Sponsor?
      • Sponsor / Inquire
      • Sponsor Resource Center
      • Sponsorship & Advertising
    • Hotel & Travel
      • Hotel Accomodations
      • Travel Information
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup

December 9-11, 2025
Hyatt Regency Coconut Point, Bonita Springs, FL

Register Sponsor
Q

Latest News

July 21, 2016

New, Stricter Rules for Union Avoidance Consultants

Latest News
July 21, 2016

New, Stricter Rules for Union Avoidance Consultants

The new DOL “persuader rule” makes compliance more challenging.

Attorneys, and other consultants, who provide advice to employers dealing with union organizing efforts have, in the past, been required to disclose their activities only if they have direct contact with workers involved in union organizing.

On March 23rd the Department of Labor issued revised, stricter reporting requirements for attorneys who assist employers in their efforts to curtail union activities in their businesses.

The new DOL rules are vigorously opposed by both industry leaders and attorneys.

Terry Potter and Brian Stair, in an article in Labor Relations Law Insider, discuss this controversy.

“Now, under the [Labor] Department’s new ‘persuader’ rule, the hiring of an attorney or consultant to thwart organizing attempts must be reported whenever the third-party consultant engages in persuader activities that go beyond the plain meaning of advice, regardless of whether there is direct contact with employees.”

Distinguishing between “persuader activities” that must be reported and “advice” that does not need to be reported is going to be challenging for employers. The new rule increases the uncertainty associated with complying with DOL requirements.

According to the authors, “mere recommendations regarding a company’s decision or course of conduct need not be reported.” Persuader activities such as “planning employee meetings,” and “training …employer representatives to conduct meetings” must be reported. Unfortunately, the distinction between recommendations and persuader activities will be a very fine one.

The National Association of Manufacturers and a “coalition of law firms” have both filed lawsuits opposing the latest disclosure requirements.

But, as Mr. Potter and Mr. Stair observe, until the new rule is successfully challenged, building contractors, and their attorneys, must structure their meetings to conform to the new persuader rule requirements.

Source—

Union Avoidance Consultants Under Attack, Terry Potter and Brian Stair, Labor Relations Law Insider, April 21, 2016

 

 

 

SHARE

Share on Email
Share on Linkedin
Share on Facebook
Share on Pinterest
Share on Twitter
← Previous Article Next Article →
Latest News Latest NewsNews

Tariffs Drive Up Prices On Key Construction Materials

Steep tariff increases on aluminum and steel, along with a recent tariff on raw copper, drove the producer price index.

Latest News Latest NewsNews

Expanding Roles for In-House Counsel

According to John Fedun, many services that have traditionally been outsourced are now being brought in-house.

Latest News Latest NewsNews

Tariffs Drive Up Prices On Key Construction Materials

Steep tariff increases on aluminum and steel, along with a recent tariff on raw copper, drove the producer price index.

Latest News Latest NewsNews

Conference Connections and In-Person Education 

Why spend the time, money, and effort in the digital age? We asked why CSC attendees continue to make the trip.

Latest News Latest NewsNews

Construction Spending Decreases by 0.3 Percent

It's the largest year-over-year decrease since February 2019, according to an analysis by the AGC.

Latest News Latest NewsNews

Workforce Planning will Attract AI and Automation

New report reveals that 98% of construction leaders plan to use AI, automation, and analytics for workforce planning.

Latest News Latest NewsNews

Changing Attitudes Toward Mental Health

Has the level of awareness increased when it comes to the importance of mental health among construction attorneys?

Latest News Latest NewsNews

Tariff Survey – Reshoring?

A recent survey of industrial/manufacturing sector execs found Less than 10% of U.S. companies have reshored production in response to tariffs.

SHOW INFORMATION

SIGN UP

Register now for the opportunity to connect with thousands of atttendees and vendors

Register
Sponsor / Inquire
FOLLOW US ON
  • Follow
  • Follow
  • Follow
Emerald Logo
© 2025 Emerald X, LLC. All Rights Reserved
ABOUTCAREERSAUTHORIZED SERVICE PROVIDERSYour Privacy ChoicesTERMS OF USEPRIVACY POLICY