Employers: June 30 Deadline Looms for DOL's Revised Persuader Rule – June 22, 2016

Pepper Hamilton

Description

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. Berwyn | Boston | Detroit | Harrisburg | Los Angeles | New York | Orange County | Philadelphia | Pittsburgh | Princeton Silicon Valley | Washington | Wilmington pepper.law .