Politico reported earlier today that the DOL sent its persuader rule, covered in numerous posts on this blog, to the Office of Management and Budget (OMB). I did some digging on the OMB’s website, and sure enough, the rule is now in its hands to conduct a regulatory review.
The DOL had previously announced its intent — via the government’s unified rulemaking agenda — to issue a final rule in March 2016. Submission of the rule to OMB would allow the DOL to stay on track. The rule has been delayed several times; the proposed rule was originally published in 2011.
Whether the proposed rule addresses the plethora of concerns employers raised in during the comment stage is presently unknown. If the rule is published without significant change, it will have a major impact on all employers. The impact could be particularly significant on smaller employers, who may have fewer internal resources available to oppose a union organizing effort. All employers should be prepared for potentially far-reaching consequences for their relevant labor strategies.