The U.S. Department of Labor’s new Persuader Rule, which was scheduled to take effect July 1 before it was temporarily blocked by a federal judge in Lubbock, Texas, has now been permanently enjoined. That means the new Rule is dead,
subject to the DOL’s right to appeal the decision. And, of course, with the incoming Trump Administration, it isn’t clear whether the DOL will bother with that — at least, not after January 20. In any event, David Phippen has a bulletin with links to the permanent injunction order and to our coverage of the preliminary injunction order issued in late June. This is a big win for employers, and for their attorneys and labor consultants.
HR people, are your hiring and recruiting practices making you a white-collar criminal? The U.S. Department of Justice Antitrust Division and the Federal Trade Commission have jointly issued guidance for employers who may be a little too eager to share information and cooperate with their competitors. Some practices — such as agreeing between yourselves to “cap” employees’ wages, or not to poach each others’ employees — can result in criminal liability as well as civil. Check out my bulletin for the details.