The Department of Labor (DOL) sent today to the Office of Management Budget (OMB) a new proposed rulemaking rescinding the Obama administration’s persuader rule. The Office of Information and Regulatory Affairs within the OMB will now review the proposed rule.  If approved, the DOL will publish the proposal in the Federal Register and open it up to public comment.

The persuader rule altered the advice exemption under the Labor Management Reporting and Disclosure Act, interfering with both employers’ access to legal advice on labor matters and attorney-client privilege.  The rule’s limiting of the advice exemption discouraged employers, specifically smaller ones from seeking legal representation or other experts in the course of a union campaign.

“Argentum is supportive of revisiting this flawed rule that discourages employers from seeking counsel regarding labor issues,” said James Balda, Argentum President & CEO.

The Coalition for a Democratic Workplace (CDW), of which Argentum is a member, will be filing comments on the proposed rule supporting the DOL’s decision.  Argentum will also file comments in support of the proposed rule.

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