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On July 18, the Department of Labor’s (DOL) Office of Labor-Management Standards issued a final rule rescinding the so-called “persuader rule,” a controversial Obama-era regulation requiring employers to disclose advice received about labor unions. Specifically, 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 during a union campaign. Argentum worked closely with the Coalition for a Democratic Workplace (CDW), of which Argentum is a member, to file comments in support of repealing the regulation as well as filed separate comments on the flawed rule.

 

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