As we have previously reported,last summera federal judge in Lubbock, Texas, issued a preliminary injunction blocking enforcement of the DOL Persuader Rule, and the DOL appealed to the U.S. Court of Appeals for the Fifth Circuit. Then, on November 16, the same judge in Lubbock permanently enjoined the rule. Meanwhile, the DOL appeal of the preliminary injunction order is still pending, but for how much longer?
Secretary Puzder, when confirmed, is not likely to support the Persuader Rule. Many observers of this regulatory fight view the rule as dead. Keep an eye out for its obituary.
The Persuader Rule, which has been a favorite of the current administration and on organized labor’s wish list for years, would have required employers and their labor counsel and consultants to disclose in filings with the DOL expenditures and activities related to labor relations matters that, under longstanding administrative interpretation of the Labor-Management Reporting and Disclosure Act, previously would have been exempt from disclosure requirements.