Implications
A number of organizations have filed suit against the DOL in an attempt to prevent implementation of the revised rule, and the American Bar Association recently asked Congress
to reconsider the “deeply flawed” revisions to the Persuader Rule due to their negative
impact on the attorney-client privilege. However, as July 1 quickly approaches, we recommend that employers contact their legal counsel and other consultants who provide
labor relations advice to discuss the possibility of entering into written and revised indefinite arrangements and engagement letters to cover a wide variety of indirect persuader
activities, such as the preparation of scripts for managers and union avoidance training.
Otherwise, both employers and their consultants/attorneys may need to file reports with
the DOL regarding fees paid and the scope and nature of any “indirect” persuader activities as discussed above.
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