• CSC20logograyorangenoyear
  • Conference
      • About
        • About the Conference
        • Floor Plan / Sponsor List
        • Sponsors
        • FAQ
        • Contact Us
        • Health & Safety
      • Hotel & Travel
        • Hotel Accommodations
        • Travel Information
      • Attend
        • Why Attend?
        • Registration & Pricing
        • Conference Schedule
        • MCLE Accreditation
        • Speakers
        • Speaker Resources
      • Sponsor
        • Why Sponsor?
        • Sponsor / Inquire
        • Sponsor Resource Center
        • Sponsorship & Advertising
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
    • Show Updates
  • .
  • Conference
    • About
      • About the Conference
      • Floor Plan / Sponsor List
      • Sponsors
      • FAQ
      • Contact Us
      • Health & Safety
    • Attend
      • Why Attend?
      • Registration & Pricing
      • Conference Schedule
      • MCLE Accreditation
      • Speakers
      • Speaker Resources
    • Sponsor
      • Why Sponsor?
      • Sponsor / Inquire
      • Sponsor Resource Center
      • Sponsorship & Advertising
    • Hotel & Travel
      • Hotel Accommodations
      • Travel Information
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
    • Show Updates

November 29—December 1, 2023
The Diplomat, Hollywood, FL

Register Sponsor / Inquire
Q
POPULAR SEARCHES
News + Features
News + Features
News + Features
News + Features
News + Features
News + Features

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

Construction Adds 15K Jobs

ARLINGTON, VA - The construction sector added 15,000 jobs in April while the sector’s unemployment rate fell to a record low for the month.

Latest News Latest NewsNews

Analysis: New NY Law To Ban Gas In New Buildings

Carol A. Sigmond, partner at Greenspoon Marder LLP, New York, N.Y. is sympathetic to the law’s intent, but has many concerns about the legislation.

Latest News Latest NewsNews

Construction Adds 15K Jobs

ARLINGTON, VA - The construction sector added 15,000 jobs in April while the sector’s unemployment rate fell to a record low for the month.

Latest News Latest NewsNews

Four Cozen O’Connor Attorneys Win Awards

PHILADELPHIA – Four attorneys from Cozen O'Connor have been recognized by The Legal Intelligencer with 2023 Professional Excellence Awards.

Latest News

Latest News Latest NewsNews

Termination Provisions: Avoiding Headaches

HOLLYWOOD, FL - With the topic still hot, Brent N. Mackay agreed to sit down with Third Thursday to offer his continuing thoughts on termination provisions.

Latest News Latest NewsNews

Construction Sheds Jobs

ARLINGTON, VA - The construction sector shed 9,000 jobs in March, the first decrease since January 2022.

Latest News Latest NewsNews

Spotlight – Workplace Safety

ALBANY, N.Y. – Last month, Third Thursday heard from Carol A. Sigmond, partner at New York-based Greenspoon Marder LLP. Sigmond analyzed the fallout from recent NY state legislation to increase penalties for criminal corporate liability.

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
© 2023 Emerald X, LLC. All Rights Reserved.

ABOUT    CAREERS    AUTHORIZED SERVICE PROVIDERS   TERMS OF USE   PRIVACY POLICY